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Home My WebLink AboutZMA200400002 Action Letter .' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 September 23, 2005 Nicholas Michaels Weatherhill Homes 315 Old Ivy Way Charlottesville, VA 22903 RE: ZMA-2004-002 Fontaine Avenue Townhomes (Sign #80); Tax Map 76, Parcels 12A and 12G Dear Mr. Michaels: The Board of Supervisors approved your rezoning application on September 14, 2005. Your rezoning from Highway Commercial (HC) to Planned Residential Development (PRO) was approved in accordance with the attached proffers dated September 6,2005. An application plan/plan of development dated September 6, 2005 was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: · compliance with the APPLICATION PLAN; · compliance with applicable PROFFERS; · approval of and compliance with a SITE PLAN; and · approval of a ZONING COMPLIANCE CLEARANCE. Additionally, in its action on June 29, 2004, the Planning Commission stipulated that the preliminary site plan must be reviewed and approved by them. Prior to final site plan approval, the pedestrian connection must also be approved by the Commission. Michaels Page 2 of2 September 23, 2005 If you have questions or comments regarding the above-noted action, please do not hesitate to contact Keith Lancaster at 296-5832. Sincerely, Ua03 Ci berg Director of Planning nl___:__ n:. .:_:__ rldlllllllY UIVI~IUII - , ( '-.....-/ VWC/aer Cc: Jefferson Lodge L L C 2010 Spottswood Road Charlottesville, VA 22903 Amelia McCulley T ex Weaver Chuck Proctor Steve Allshouse Keith Lancaster Sarah Baldwin Bruce Woodzell (Real Estate) Lr�2C;1�1� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4012 September 23, 2005 Nicholas Michaels Weatherhill Homes 315 Old Ivy Way Charlottesville, VA 22903 RE: ZMA- 2004 -002 Fontaine Avenue Townhomes (Sign #80); Tax Map 76, Parcels 12A and 12G Dear Mr. Michaels: The Board of Supervisors approved your rezoning application on September 14, 2005. Your rezoning from Highway Commercial (HC) to Planned Residential Development (PRD) was approved in accordance with the attached proffers dated September 6, 2005. An application plan /plan of development dated September 6, 2005 was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: compliance with the APPLICATION PLAN; compliance with applicable PROFFERS; approval of and compliance with a SITE PLAN; and approval of a ZONING COMPLIANCE CLEARANCE. Additionally, in its action on June 29, 2004, the Planning Commission stipulated that the preliminary site plan must be reviewed and approved by them. Prior to final site plan approval, the pedestrian connection must also be approved by the Commission. Michaels Page 2 of 2 September 23, 2005 If you have questions or comments regarding the above -noted action, please do not hesitate to contact Keith Lancaster at 296 -5832. Sincerely, V. Wayne Cilimberg Director of Planning Planning Division VWC /aer Cc: Jefferson Lodge L L C 2010 Spottswood Road Charlottesville, VA 22903 Amelia McCulley Tex Weaver Chuck Proctor Steve Allshouse Keith Lancaster Sarah Baldwin Bruce Woodzell (Real Estate) Lrf2C;l1�ZA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 2, 2004 Nicholas Michaels Weatherhill Homes 315 Old Ivy Way Charlottesville, VA 22903 RE: ZMA- 2004 -002 Fontaine Avenue Townhomes (Sign #80); Tax Map 76, Parcels 12A and 12G Dear Mr. Michaels: The Albemarle County Planning Commission, at its meeting on June 29, 2004, by a vote of 5:2, recommended approval of the above -noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions exclusive of the waiver requests for critical slopes and stormwater: 1. The approval is subject to the attached proffers. 2. The pedestrian connection must be approved by the Planning Commission prior to approval of the final site plan. If a pedestrian connection is not provided along Fontaine Avenue, the applicant mustjustify why the connection must be located where it is proposed. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 14, 2004. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296 -5823. Sincerely, Margaret Doherty Senior Planner MD /jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse Jefferson Lodge LLC Original Proffer _X_ PROFFER FORM Date of Proffer Signature: 09/06/05 ZMA # 2004-02 Tax Map 76 and Parcel Numbers 12A and 12G 12.606 Acres to be rezoned from f-I-C (Highwav Commercial) to PRD (Planned Residentia] Development) in accordance with the Application Plan dated September 6, 2005 Pursuant to Section 33.3 or the Albtinaïle Cûunty Zûning Ordinance, the oVv'ncr, or its düly aüthorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the propel1y, if rezoned with the offered plans approved for development. These conditions are proffered as a part of the requested rezoning and it is agreed that: (I) the rezoning itsel f gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. (I) No building permit shall be issued unless and until the Director of Community Development, or his assigns, determines that the dwelling unit façades are in general accord with the building elevations provided on plans entitled "Fontaine Townhomes Concept Elevation" by Weather Hill Development, LLC and Bosserman, dated April 28, 2004. The façades shall be determined to be in general accord if they include architectural features that break up the massing of the building, such as porches. porticos, balconies, variation in building materials, and gables which break up the rooflines. (2) The Owner shall construct, at its expense, an off-site asphalt-paved pedestrian walkway and other improvements in accordance with standards for such walkways of the Virginia Department of Transportation (VDOT) from the southeast comer of the site along the north side of Fontaine Avenue to the Fontaine Business Park intersection as shown on the "Pathway and Wall Exhibit" prepared by Timmons Group, dated September 6, 2005. The walkway and other improvements shall be completed prior to the issuance of the building permit for the thirtieth (30th) unit. The walkway and other improvements shall be deemed completed when they are accepted or bonded for acceptance by VDOT. (3) The Owner shall design and construct a pedestrian/bicycle bridge crossing Morey Creek, as shown on the Application Plan, to a standard approved by the County Engineer and is to be a fully engineered clear span bridge, similar to the "Connector" bridge as manufactured by the Steadfast Bridge Company (1-800-749-7515), or an approved equal type of bridge. The bridge shall be designed and constructed above the 1 OO-year flood plain. The bridge shall be completed, as determined by the County Engineer, prior to the issuance ofthe building permit for the thirtieth (30th) unit. (4) Prior to final site plan approval, the Owner shall dedicate a right-of-way to the County for public use for the purpose of constructing a greenway trail connecting Fontaine A venue and TM 76, Parcel 12D, as indicated and noted on the Application Plan. The Owner shall pay all costs of surveying and preparing legal documents in a form acceptable to the County Attorney necessary to dedicate the right-of-way. (5) There shall be a maximum of61 dwelling units in the development. Fifty-five units are illustrated on the Application Plan, originally prepared by Terra Concepts, PC, dated May 2, 2005 and last revised by Timmons Group, dated September 6, 2005. Six of the 55 units are identified on the Application Plan as housing two- dwelling units (Units 1,6,7, 13, 14, and 20). These six units shall be constructed and maintained as two-family dwellings as defined in the Virginia Uniform Statewide Building Code. The declaration of covenants for Fontaine Townhomes shall contain the following language for the six, two-dwelling units: "Townhome units I, Proffer Form Fontaine Avenue Townhomes WH Fontaine Acquisition, LLe. Page 1 6,7, 13, 14, and 20 within Fontaine Townhomes are constructed and must be maintained as two-family dwelling units as defined in the Virginia Uniform Statewide Building Code." (6) No building pem1it shall be issued unless and until the Owner contributes a sum of$60,000 cash for funding for affordable housing to the County of Albemarle. The cash contribution is non-refundable. Signatures of Owner ~/f~ Marc C. Powell, Vice-President, Weather Hill Holdings, Ltd. WH Fontaine Acquisition, LLC Date: September 6, ::W05 By: Weather Hill Holdings, Ltd., its Managing Member Proffer Form Fontaine Avenue Townhomes WH Fontaine Acquisition, LLC. Page 2 CONSENT IN LIEU OF SPECIAL MEETING OF THE MEMBERS OF WH FONTAINE ACQUISTION, LLC Pursuant to the Operating Agreement ofWH FONTAINE ACQUISTION, LLC, a Virginia limited liability company dated July 1,2005, the undersigned, being the manager and majority member of the Company, hereby consents to, votes in favor of, and adopts the following resolutions in lieu of a special meeting: WHEREAS, the Company is Owner of real property located on Fontaine Avenue, known as Albemarle County TM 76-12A and TM 76-120 pursuant to Deed dated July 7, 2005 and recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 3019 Page 48, and the Manager has determined in good faith and in accordance with prior agreement of both members, and conservative business practices, the company must pursue the development of the Fontaine Avenue asset; RESOL VED, that the Company hereby directs and authorizes the Managing Member to pursue such development, signing such documents as may be necessary and borrowing and disbursing funds in whatever amounts may be reasonably necessary to pursue such sale and or disbursement. RESOL VED, that the Manager of the Company is hereby authorized and directed to take any and all actions necessary or appropriate to implement the resolutions contained herein, specifically allowing for the rezoning of the Fontaine Property including authorizing proffers to the County of Albemarle, Virginia. EXECUTED the 6th day of September, 2005 WH FONTAINE ACQUISTION, LLC .,-/-/'1./1 ~tý By: ' Weather Hill Holdings, Ltd., its Managing Member Marc C. Powell, Vice-President, Weather Hill Holdings, Ltd.