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Home My WebLink AboutZMA198900023 Action Letter - · · · ~A ffi-?;2.;, F; ~ COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296·5823 MEMORANDUM TO: Bob Brandenburger, Assistant County Executive/} of Planning and~~ FROM: v. Wayne Cilimberg, Director Community Development DATE: March 10, 1992 RE: ZMA-89-23 River Heights Associates - status of Proffers Question has been raised by the Board of Supervisors as to how the County could accept a proffer from Wendell Wood for open space along the Rivanna River. In ZMA-89-23, the Board accepted five (5) proffers relevant to a Rivanna River greenway (see attached proffers 6, 7, 8, 9, 10 and 12). These proffers are specific as to when they are to be exercised. Staff would not recommend the County demand land donation or easements until such time as it has completed a greenway plan and is ready to begin the greenway's development. This is the approach the County is taking as regards a similar proffer accepted in ZMA-90-19 Glenmore. (Development of a greenway plan is shown in the approved 1992-93 CIP for funding in FY1993-94. No construction funding is shown in the CIP.) No public purpose can be identified in accepting this land until greenway plans are finalized unless the County believes such donation/easement is necessary to assure preservation of the land. Under that scenario, I believe, 'the County Attorney's office should comment as to whether the proffers can legally be exercised considering their reference to "a 100 foot deep strip or that area necessary to provide for a pathway, whichever is greater" and "proffered land shall be used by the County of Albemarle as part of its qreenway system." Please let me know if you need additional info~atio~ ~~ VWC/jcw d ~k ~ ~.~. via: George St. John "d~ a ~J {4 f I"-;;;~ f-d .- JI)~~'7' ~ #/ /f;!-µd To: Mr. Cilimberg ~e: December 20, 1990 ¿age 2 ~ Item 5.3b. Request to accept Woodbrook Drive Extended in the Rio Hills Shopping Center into the State Secondary System of Highways. ADOPTED the attached resolution. Copy forwarded to the Engineering Department. Agenda Item No.. 6. Approval of 1991-92/1995-96 Capital Improvements Program. ADOPTED the 1991-92 through 1995-96 Capital Improvements Program, moving the Bookmobile project from 1992-93 to 1991-92. Agenda Item No.7. ZMA-90-11 and SP-90-68. Caleb Stowe (applicant); Ednam House Limited Partnership (owner). DEFERRED to February 6, 1991, at the applicant's request. V'Agenda Item No. 11. ZMA-89-23. River Heights Associates. Public hearing on a request to rezone 9.0 acres from R-15 Residential & 5.55 acres from Commercial Office to Highway Commercial (proffered). Property west & adjacent to Sheraton Hotel north of Hilton Heights Dr. Tax Map 45, Parcels 69D & 69D2. Charlottesville District. ~ DETERMINED that the River Heights application is in compliance with the Comprehensive Plan, and therefore, no amendment to the Comprehensive Plan is required. APPROVED ZMA-89-23 subject to the proffers in the December 4 letter signed by W. Thomas Muncaster, Jr., proffers A through G submitted in a letter dated December 19; 1990, with C and G amended as shown below, and with the Sunset Clause proffer verbally made by the applicant at the December 19 meeting. All proffers are set out as follows: 1. The plan prepared by Freeland-Clinkscales & Associates, Inc., dated 3/29/90 is proffered as a conceptual site plan. The applicant recognizes that revisions will be necessary in order to ensure compliance with the Zoning Ordinance. Those items which will require revision include, but are not limited to: slope of entrance, slope of parking areas, landscaping areas and the re-design of the parking layout to provide ninety degree parking instead of angled parking. 2., The following transportation improvements will be completed as part of the Wal-Mart site plan, but are also proffered with this re- ~ zoning in the event that this site develops prior to Wal-Mart: . ~ J · · · To: Mr. Cilimberg December 20, 1990 ~ /ce: rage 3 -dual left turn lanes eastbound from Hilton Drive to Route 29 northbound. -traffic light at the intersection of Route 29 and Hilton Drive. -dual left turn lanes northbound on Route 29 into Hilton Drive. -construct Hilton Drive extended and Berkmar Drive to VDoT stan- dards between points A and B as proffered on ZMA-85-35, May 23, 1986. -traffic light at the Wal-Mart entrance on Hilton Drive. 3. A traffic light to be installed by the developer at the inter- section of Berkmar Drive and Wood brook Drive when deemed necessary by VDoT is proffered. 4. In response to concerns regarding visual quality, it is proffered to use a quality split faced block exterior instead of sheet metal, to plant junipers or other suitable materials on the fill slopes adjacent to roads and to make the design subject to the entrance corridor district and the architectural review board. 5. In recognition of environmental concerns the following is prof- fered: a. Discharge stormwater to a rip-rap channel, flat and wide enough to prevent any scouring or erosion as approved by the Engineering Department. b. Vacuum sweep the parking area twice per week to mitigate pollutants in the runoff. This proffer also will apply to the Wal-Mart site. 6. Upon demand of Albemarle County, River Heights Associates hereby agrees to deed a 100' foot deep strip or that area necessary to provide for .~.pathway, whichever is greater, along its entire reservoir frontage on Tax Map 45, Parcel 69. River Heights Associ- ates further agrees to provide public access to the deeded area of Tax Map 45, Parcel 69. 7. Upon demand of Albemarle County, Z & S Development Corporation hereby agrees to deed a 100 foot deep strip or that area necessary to provide for a pathway, whichever is greater, along its entire reservoir frontage on Tax Map 45, Parcel 30. 8. Upon demand of Albemarle County, River Heights Associates would also provide an easement sufficient for a pathway along its Rivanna River frontage on Tax Map 45, Parcel 68D. ;' '}~7~:" .; ~ , ;. 9. As allowable under the provisions of the Albemarle County Zoning and Subdivision. Ordinances, all development rights and density of the;greenway areas shall inure ,to the residue parcels. ... '. ,I . .~~_,.. '-".\ '. ." ....~. ~. " . " . . ¿"j! 10. All of the above referenced proffered land shall be used by the County of Albemarle as par·t of its greenway system. J ,. , To: Mr. Cilimberg December 20, 1990 .. ,Ice: rage 4 .r) 11. United Land Corporation and River Heights Associates agree to deliver all import fill dirt necessary to build Berkmar Drive Extended from Rio Road to its connection behind Rio Hills Shopping Center. If Virginia Department of Transportation should make changes which require additional fill, this will also be provided. In the event the Berkmar Drive site is not ready for'construction during the building phase for Sam's Wholesale Club, the County may provide a storage area to stockpile the fill material. This proffer would expire if the County does not provide a stockpile area within the time frame of the Sam's construction. 12. Upon issuance of a building permit on Tax Map 45, Parcels 69D and 69D2, Wendell W. Wood agrees to contribute $25,000 for the construction of the jogging/walking trails on Tax Map 45, parcels 30, 69 and ;68D or for construction of like projects in the county Capital Improvement Program. 13. If there is not substantial performance of the above proffers within 10 years of the date of approval of this application, the applicant waives the vested zoning rights under Code Section 15.1-491.2 and 15.1-491.2:1, given by approval of this application. vlAgenda Item No. 12. SP-90-96. Allen Cutright. Public hearing on a request for a Home Occupation Class B to operate a custom shutter repair & building shop in an accessory structure on 4 acres zoned Rural Areas. Property on west side of Rt 708 approx 6/10 mi west of Rt 29. Tax Map 88, Parcel 6B. Samuel Miller District. ~ APPROVED subject to the conditions recommended by the Planning Commis- sion, changing No. 2 as follows: 1. Compliance with Section 4.14j 2. Upgrading or relocation of the existing entrance so that 250 feet of sight distance is obtained; or, retain existing entrance for residential purposes only and use existing entrance on adjacent property, Tax Map 88, Parcel 6A, with 250 feet of sight distance for home occupation uses only; 3. No on-site sales; 4. No employees. ~Agenda Item No. 13. SP-90-98. Charlottesville Cellular Partnership. Public hearing on a request to construct a tower & equipment bldg for cellu- lar telephone transmission/reception on part of a 30.519 acres parcel zoned ~ Rural Areas. Property on southeast side of Rt 600 approx 2 mi southeast of . , Rt 641 near Rt 29. Tax Map 33, Parcel 12. Rivanna District. DENIED the request. J UNITED LAND CORPORATION OF AMERICA P.O. BOX 5548 CHARLOTTESVILLE, VIRGINIA 22905 TELEPHONE (804) 979-3334 .'! December 19, 1990 m~f. -"-""'C":IWjq 1"-'õl'·;"I¡ ~.¡... . I ¡f.'\ t·~~LtU ~."., ......,. ~." . \ ~ I)c~ 19 19æ Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901 PLANNING DIVISION Re: ZMA 89....23 Dear Members of the Board: . In consideration of the rezoning and site plan approvals necessary to accommodate the construction of the Sam's Wholesale Club, we hereby submit the following proffers: A. Upon demand of Albemarle County, River Heights Associates hereby agrees to deed a 100' deep strip or that area necessary to provide for a pathway, whichever is greater, along its entire reservoir frontage on Tax Map 45, Parcel 69. River Heights Associates further agrees to provide public access to the deeded area of Tax Map 45, Parcel 69. B. Upon demand of Albemarle County, Z & S Development Corporation hereby agrees to deed a lOOt deep strip or that area necessary to provide for a pathway, whichever is greater, along its entire reservoir frontage on Tax Map 45, Parcel 30. c. River Heights Associates would also provide an easement sufficient for a pathway along its Rivanna River frontage on Tax Map 45, Parcel G8D. D. As allowable under the provisions of the Albemarle County Zoning and Subdivision Ordinance, all development rights and density of the greenway areas shall inure to the residue parcels. . n Board of Supervisors December 19, 1990 Page 2 E. All of the above referenced proffered land shall be used by the County of Albemarle as part of its greenway system. F. United Land Corporation and River Heights Associates agree to deliver all import fill dirt necessary to build Berkmar Drive Extended from Rio Road to its connection behind Rio Hills Shopping Center. If Virginia Department of Transportation should make changes which require additional fill, this will also be provided. In the event the Berkmar Drive site is not ready for construction during the building phase for Sam's Wholesale Club, the County may provide a storage area to stockpile the fill material. This proffer would expire if the County does not provide a stockpile area within the time frame of the Sam's construction. G. Wendell W. Wood agrees to contribute $25,000.00 for the construction of the jogging/walking trails on Tax Map 45, parcels 30, 69, and 68D.lv ~ ~ c..-c:. \-..~ ..\.. V},....... ~ ~ ¡'v-. ~....¿ L..-k t '? 0-'(tÆ \-\ "'1--.,..ocNc.......-.t- .ç-=>y--:-" . . 7 \ ,~ å Slnc~rely, ~ .. RIVER HEIGHTS ASSOCIATES By: -'~~Æ~~( Wendell W. Wood, Gen. Part. Z & S DEVELOPMENT CORPORATION By: ~/ Wén ell . Wood, President UNITED LAND CORPORATION By: ~~~ Wendell W. Wood, President WWW:mss ~ ~ COUNTY OF ALBEMARLE Office of County Executive 401 Mcintire Road Charlottesville, Virginia 22902-4596 (434) 296-5841 FAX (434) 296-5800 April 22, 2003 Via Hand Delivery Wendell Wood United Land Corporation of America 2335 Seminole Trail, Ste 300 Charlottesville, VA 22901 Re: ZMA 89-23 Greenway Dedication & Boat Launch Exchange Dear Wendell: Please let this letter follow up our March 21, 2003 meeting at which we discussed the dedication of the greenway trails proffered in ZMA 89-23 and the proposal to exchange part of this greenway for a County boat launch facility on Tax Map 45 Parcel 69. In 1990, the ZMA 89-23 rezoning included a proffer for the dedication to the County of a one hundred foot wide strip or that area necessary to provide a pathway, whichever is greater, along the entire reservoir frontage of Tax Map 45 Parcel 69 and Tax Map 45 Parcels 30B, 30G, and 30F. In addition, the proffer provided for the dedication to the County of an easement sufficient to establish the pathway along the frontage of Tax Map 45 Parcel 68D. The County now requests that these dedications be made. However, in conjunction with these dedications, the County also proposes that a portion of the dedication along the reservoir frontage of Parcel 69 be exchanged for property desired for a boat launch facility on Parcel 69. Approximately 1,2 acres of the proposed boat launch facility is within the proffered 100 foot deep pathway on Parcel 69, What we propose is that we exchange approximately 2100 linear feet of the remaining proposed greenway (4.8 acres) on Parcel 69 along the reservoir for an additional 3.85 acres to be used for part of the boat launch facility. This combined approximate 5.05 acres provides a more suitable site for the proposed County facility and, as we discussed, reduces the impact of the greenway on your future development opportunities on this parcel. I am enclosing two maps. Map 1 shows the property which was proffered and the original County plan for the boat launch facility. Map 2 shows the proposal to exchange part of the linear greenway on Parcel 69 for additional land desired for the boat launch facility. , \ Wendell Wood April 22, 2003 Page 2 This is a project we would like to move forward. Please let me know at your earliest convenience if you are agreeable to this or if you have any further questions. County staff will initiate the surveys necessary to establish the boat launch site boundaries and the legal description for the dedication of the other proffered greenways as soon as we have your agreement to go forward, We will then prepare the necessary deeds for the property transfers. Thank you for your cooperation and assistance with this, Sincerely, Robert W. Tucker, Jr. County Executive RWT,Jr/md 03.014 pc: Mr. Larry W. Davis /Nfr. Patrick K. Mullaney Enclosures ZMA /Q<¡s4 -023 This record is missing the following: _ Section of Zoning Ordinance ~ Attachment in file at Albemarle County Zoning & Current Development Office Reference another ZMA Cover Letter Other For assistance, please contact Sarah Baldwin at sbaldwin((¡)albemarle.org or (434) 296-5832