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Home My WebLink AboutZMA200600016 Correspondence Zoning Map Amendment 2014-08-06COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 ZHIMIN YU 3404 CARROLL CREEK RD KESWICK VA, 22947 EDWARD R SR OR JANE K JONES 1311 OAKLANDING LANE FLEMING ISLAND FL, 32003 XUJING LI 3416 CARROLL CREEK RD KESWICK VA, 22947 JAMES S OR VIVIAN C GODWIN 3428 CARROLL CREEK RD KESWICK VA, 22947 TRUSTEE OF THE BARBARA FINKL BERK TRUST 1820 FRAYS RIDGE CROSSING EARLYSVILLE VA, 22936 Fax (434) 972-4126 Re: Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant Dear Non -Developer Owners of Vacant Lots within the Leake Rezoning, I am writing to inform you of a rezoning obligation for construction of an improved road across Carroll Creek near the sewage treatment plant. While all land owners are legally responsible for this obligation, the County has ordinarily looked to the developers to fulfill the obligations made through a rezoning. For your information, please see the attached letter to these developers. If you have any questions, please do not hesitate to contact me. Sincerely, am& 4 v Amelia G. McCulley, A.I.C.P. Zoning Administrator COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 August 6, 2014 Developers of Vacant Leake Rezoning Properties: GLENMORE ASSOCIATES LIMITED PARTNERSHIP P O BOX 7623 CHARLOTTESVILLE VA, 22906 CENTRAL VIRGINIA REAL ESTATE VENTURES LLC 2000 RED HILL RD CHARLOTTESVILLE VA, 22903 NVR INC D/B/A RYAN HOMES 1885 SEMINOLE TRL 201 CHARLOTTESVILLE VA, 22901 Fax (434) 972-4126 Re: Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant Dear Interested Parties: The purpose of this letter is to provide an updated status with an interim milestone for completion of the ultimate perimeter road construction that was approved with ZMA 2006-16 K2 / Leake ("Leake Rezoning"). This letter is to provide information and to put relevant parties on notice in the event of future enforcement action. Our goal in providing this information is to avoid surprises and to allow planning that can result in meeting the timelines and satisfying the rezoning proffer. Background The approved Leake rezoning proposed an upgraded road connection from the Leake lots past the existing sewage treatment plant over Carroll Creek, connecting to the existing Carroll Creek Road within Glenmore ("perimeter road"). With an original letter dated May 26, 2010 and a revised timing letter dated September 2, 2011, the Zoning Administrator established a timeline for construction of this perimeter road (Attachment A). This timeline was established in cooperation with the developer, Glenmore Associates Limited Partnership. County staff have shared this timeline with applicants for subdivision approval for property involving the Leake rezoning. The September 2, 2011 letter established a new deadline for completion of the road as follows: 1. The Developer shall have obtained road plan approval for the Perimeter Road extension no later than December 31, 2015; Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant August 6, 2014 2. The road shall be completed the earliest of either.- a) final subdivision plat approval for the 51st lot in the Leake (Glenmore K2) development orb) December 31, 2016. The letter further states that "completion of construction" means a) the road has been built in accordance with plans approved by Albemarle County, b) the County Engineer has determined that construction is complete in accord with those plans and the road is open for traffic, and c) any remaining items (if permitted by the County Engineer) have been bonded with the County. Additional Actions Required for Compliance with the Leake Rezoninq Requirement for Perimeter Road Completion Bill Ledbetter, L.S., with Roudabush, Gale & Assoc., has offered the opinion that this road construction in the floodplain is already covered with the floodplain approvals from the original Glenmore rezoning (Attachment B). In fact, Mr. Ledbetter notes that the proposed road will have less floodplain impact than the original road proposal. Provided these statements accurately reflect what is on the final road plans, a new special use permit for work in the floodplain will not be necessary. In order to obtain road plan approval by December 31, 2015, the road and construction WSW) plans shall be submitted to the County no later than March 31, 2015. In addition, we will need a bond in place for the road construction, and associated erosion and sediment control and stormwater management, by December 31, 2015. We are expecting review of these road and construction plans to take longer with the new State stormwater regulations and permitting. This letter incorporates two new interim deadlines to ultimately satisfy the proffer. Summary of Key Deadlines • March 31, 2015: Submittal of road plans to the County; • December 31, 2015: Road plan approval and bonding; • December 31, 2016: Road construction complete (see definition) • Date sooner than December 31, 2016 for road construction completion if the 51St lot is platted. Enforcement In the event a deadline is not met, enforcement action may be forthcoming. This could include withholding building permits and/or withholding subdivision plat approval. Because this road was required to create an acceptable road network for the lots from the Leake rezoning, this impacts our approval of subdivision plats for additional lots. Because of this impact on unbuilt properties, a separate letter is being sent to all current owners of relevant vacant property. If you have any questions, please contact me. If it would be helpful to hold a meeting of relevant parties, we are happy to do so. Because this is a determination, I am including the standard appeal language. If you are aggrieved by this determination, you have a right to appeal it within ten (30) days of this notice, in accordance with Virginia Code § 15.2-2311; provided, however, that a ten (10) day appeal period applies to appeals of decisions pertaining to temporary or seasonal commercial uses, and such appeals shall be filed within ten (10) days after this decision. If you do not file a timely appeal, this determination shall be final and unappealable. 2 I Page Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant August 6, 2014 An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with a fee of $240 plus the actual. cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to appeals of decisions of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in Albemarle County Code § 18-34.3, which may be reviewed online at www.albemarle.org/countycodebza. Sincerely, 14tlo A C: Amelia G. McCulley, A.I.C.P. Zoning Administrator Attachment A: September 2, 2011 Letter re: Determination of Revised Timing Perimeter Road Construction; Attachment B: Prior Approval for Floodplain Work 3 I Page Aiiacl.,HtptA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 September 2, 2011 J. Alden English Woods Rogers PLC 100 10th Street, NE Suite 303 Charlottesville, VA 22902 Fax (434) 972-4126 Re: Determination of Revised Timing Glenmore — Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant Dear Mr. English, This letter is in response to your clients' request to revise the timing for the Perimeter Road construction, to allow them to proceed with the subdivision of lots within the Leake (Glenmore K2) development. This letter replaces and supersedes my previous letter dated May 26, 2010. As you know and my prior letter stated, the zoning proffers and rezoning files (ZMA 99- 16 Glenmore and ZMA 06-16 K2 / Leake) do not explicitly address the timing for the completion of this road. (Please refer to the attached plan with the road segment shown in pink highlighter.) The subdivision files to -date also do not tie -down the construction completion. Sheet 2 of the approved Leake (Glenmore K2) Application Plan shows this road connection from the Leake lots past the existing sewage treatment plant over Carroll Creek, connecting to the existing Carroll Creek Road within Glenmore. This road connection is listed by staff as one of the "Factors Favorable" for the ZMA 2006- 016 Leake rezoning approval. The report states "The addition completes a vehicular loop (Carroll Road to Piper Way) within Glenmore." It splits the impacts on existing roads and also improves the overall circulation network within Glenmore. Construction of this road is an obligation to the Developer of the Leake property and is not an obligation to the Glenmore Community Association. Upon approval of the Leake rezoning, the application plan that accompanied its approval became part of the applicable zoning regulations applicable to the development. (County Code § 18-8.5.4(b)). Thereafter, each subdivision plat and site plan within the- planned development must be reviewed for compliance with the applicable zoning regulations. (County Code § 18-8.5.5.2(b)). The purpose of this letter r. Page 2 September 2, 2011 Determination of Revised Timing Glenmore — Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant is to clarify the requirements and to establish a revised timeline for completion of construction of this road segment to assure compliance with the applicable zoning regulations. Construction of the road shall be completed at the earliest of either: a) fina subdivision plat approval for the 51St lot in the Leake (Glenmore K2) development or b) December 31, 2016. "Completion of construction" means a) the road has been built in accordance with plans approved by Albemarle County; b) the County Engineer has determined that construction is complete in accord with those plans and the road is open for traffic; and c) any remaining items (if permitted by the County Engineer) have been bonded with the County. Because this letter extends the timeline for construction of the perimeter road by more than five (5) years (from the May 26th, 2010 letter), there are several conditions that attach to this extension. 1. Within sixty (60) days of the date of this letter, Glenmore Associates shall construct and maintain guardrails on the existing Carroll Creek crossing on Carroll Creek Road. The standard for this guardrail shall be approved by the County Engineer. This work shall also include any signage or reflective markings determined by the County Engineer to be necessary for safety purposes. 2. This section of existing Carroll Creek Road and crossing shall remain open and passable for vehicle traffic in Glenmore, including GCA traffic and construction traffic related to the development of the Leake property. 3. The Developer shall have obtained road plan approval for the Perimeter Road extension no later than December 31, 2015. We preliminarily understand a new special use permit may not be necessary for this floodplain crossing if it was covered with the original Glenmore rezoning approval but this will need to be verified. We hope that this -revised agreement will allow Glenmore Associates to continue with development of the Leake (Glenmore K2) property while providing safe access at the existing Carroll Creek crossing and a revised timeline for construction of the ultimate road. If you have any questions, please do not hesitate to let me know. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for public hearing. Page 3 September 2, 2011 Determination of Revised Timing Glenmore — Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.orq/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countVcodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.orq/cdapps.) Sincerely, G Amelia G. McCulley Zoning Administrator Cc: Gerald Gatobu Scott Collins Pete Gorham, ACSA Reading Files C.OU'NTY OF AI,REMARLE Departmi nt of Zoning 401 McIntire Road C`.harlotlesville, Virginia 22901.4596 ($04) 296.5575 TO: File Sp -91-27 Glenmore - Work in Floodplain File ZRA-90•-19 Frank Xeis$18X nkGKessleee. p'R" D. The Kessler Group F'ROMt Amelia 2d. Patterson' VR Zoning Adminis DATE: May 29, 1991 RE, Zoning ,Approval for work in Floodplain - Compliance with Section 30.3 r. U-1 -., muk, en ;it It is my opinion, after researching relevant files and consulting several staff members, that new and separateain is SPOO'essarrmit for work currently proposed in the Therefore, the application for Sp -91-•27 the Kessler Group imOmO s to hereby void, and the fee wi11 be refunded, ClQWer Associates, dated work shown on the Glenmore Master plan by September 2a, 1990 with last revision on Hovembei 2/ 1990, This eros work is also shown on the current ading,nutilitiespa.nd. the tlike, includes ponds, fill, culverts, grading, for the golf Course., trails and associated elements in the floodplain. Further special permit review under the flood overlay by the Board of Supervisors is not nece�hLrQviewThe ofltheprezoningwork $oaas to adequately addressed with the sufficiently comply with the intent and procedural requirements Of the Zoning ordinance. Thi$ is based on the following: was shown on the: master plan approved by the. Board as the rezoning application plan; 1,' This work of supervisors I- . IL1 .- Memo on Glenmovo - Work i,n Floodplain May 29, 1991 Page 2 2, A seParate application form for special penj.j.t su1-,rnitt.edt with the rezoning (attached) outlines this work in the flliratino ohall Section 19.3. ?. P.R.D. states, �' . , no separate app. be required for any such use as shall, be included in the orlcfinal P,R.D, rezoning petition." 3 ' ussedoi n the pzMAdand GPA staff reports in the flooplain �1t m fort 116 Plan n ing da.., c u Commission and Board of SupGrvisors, Orl d. Mr.. Tom Gale honen4s confirmed hasmstatedcthatrltherei1% no excel,! tho technical comp fit 1 my t that the flood leve7� will not be elevr�t.ed a atic� thiy �: t hc�rtn will be no negative ilnpact an downstream properties. AMP/ St cc: Marilyn Gale Ron Keeler George St, John Charles Steinman Bob Shaw ,Reading File ,Glenrorelf J. THOMAS GALE, L.5. MARILYNN R. GALE, LS, WILLIAM S. ROUDASUSH, L.S. February 2, 1994 R.OUDABUSH, GALE 8c ASSOC., INC. PR0Fr=r=-10NAL '.:ORP()RAT!orl 914 MONTICELLO ROAD CHARLOTTESVILLE, VIRGINIA 22902 Don Franco, P.E. Engineering Department County of Albemarle 401 McIntire Road Charlottesville, VA 22901 PHONE (804) 293.4251 z. (8P4),977-0205 FAX (804) 296.5220 DAVID L COLLINS. L.S. DIANA P. DALE, P.E. WILLIAM J. LEDBETTER. L.S. RE: Glenmore: Crossing for Carroll Creek in the vicinity of the Tertiary Plant Dear Don: Enclosed please find 2 copies of the plan and profile for the proposed crossing with 2 sets of computations including 100 year storm computations and Hec-2 analysis of the 100 year flood plain. I talked to Jack about this previously and had asked if the design needed to be for the 100 year storm. It was my understanding that if an emergency access route was in place on the east side of Carroll Creek, then a 10 year design storm would be the minimum requirement. There will quite likely be an emergency access easement set up later, However, the developers have decided to design for the 100 year storm. Jack also brought up the possibility of a special use permit, which I know is the usual policy for such a crossing of the 100 year flood plain. However, Bill Roudabush has informed me that in this particular case, the rezoning application and process specifically dealt with culvert crossings, etc. shown on the Master Plan by Clower Associates. Subsequently, when the project was started and the issue was brought up by Bob Shaw and Charlie Steinman for clarification, Amelia wrote a clarifying letter dated May 29, 1991, 1 have attached a copy of Amelia's letter. Please let me know if you have any questions or need more information for your review. Sincerely, Tom Gale, LS. JTG/tr Enclosures 9 June 1994 Mr. Tom Gale, C.L.S. Roudabush, Gate & Associates 914 Monticello Road Charlottesvilie, VA 22902 Re: Glenmorc - Tertiary Plant Dear Mr. Gale: COUNTY OF ALBEMARLE Department of Engineering 401 McIntire Road Charlottesville, Virginia 22902.4596 (804) 296-5861 I am writing to confirm my understanding as to the status of the final plat for the referenced site and the Private Road Plans for the Carroll Creek crossing. Based on discussions with you and Mr. Pete Bradshaw of your office, it is my understanding that these plans are withdrawn subject to the resolution of Federal and State permitting requirements for activities affecting wetlands and state waters. I further understand that with completion of the work currently proposed under the Glenmorc Sections NOP Private Road Plans, the Glenmorc Development will maximize the allowable stream and wetland disturbances regulated under their current Nationwide Permit. Please contract me at your earliest convenience if you have questions or require additional information. SJncere!y, Don Franco, P.E. Civil Engineering II DF/ps Copy: Jack Kelsey Jan Sprinkle Job File SDP -91-112 Reading File don\p91112_a.tg FAX (804) 972-4060 S. Army Corps of Engineers, Norfolk District October 3, 1991 nchburg Field Office 05 Timberlake Road Ynchburg, Virginia 24502 Western Virginia Regulatory Section Project Number: 911267 ....Waterway: RiyannaRiver/Carro1Creek .......... . ....... .................... ...... , ......................... .. . ....-,.... . ......... - ........ 1, property Owner's Name and Address: 2. Authorized Agent's Name and Address: Glenmore, Associates Applied Technology & Engineering, P. C. c/o Frank A. Kessler Att: John W. Greene Post Office Box 5207 post Office Box 6217 Charlottesville, VA 22905 Charlottesville, VA 22906 ... ..... I .......... -.1 . .... ..... ... ... ..... . . ......... . . ..... .... ................. ........ . .. .... ..... I .. ....... .... ..... ... ...... 3. Address of Job Site if Different than Owner's Mailing Address: 5 miles east of Charlottesville on Route 250 at Glenmore, Farm. 4, Project Description: Proposed construction of stream crossings of Carroll Creek for water, sewer and irrigation utilities; irrigation water intake in the Rivanna River, and elevated roadway crossing of Carroll Creek for access, ......... ......... ... .... . ..... .......... ---- ... . . ...... ...... ---- ... ........ ...... .... .. .... ............. ......... ... .. ...... ..... ... . .......... --- --- ----- I ------ 5. Findings A review of your proposed project, described above, shows that it qualifies for Nationwide Permit number (33 CFR 330.5 (a) (7) (12) & (14)) so long as the conditions (§ 330.5 (b)) and best management practices (§ 330.6) are followed. Copies enclosed. This verification will be valid until ntil the nationwide permit is modified, reissued, or revoked. All the nationwide permits are scheduled to be modified, reissued, or revoked prior to January 1, 1992. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. ...... . ........ . . ........ . --- --- . ....... ................ 6. Conditions The intake structure is authorized under NWP-7 provided the VPDES permit is obtained from the Virginia Water Control Board for the outfall structure. .... ...... . .... ............... .... . ......... ...... . ........... .. ... ............................... ..... ....... ... ......... . ..... ... .. ... ... . ... ... .. .... .. ...... 7. Corps Contact: James E. Brogdon 1 (804) 237-2145 ....... . . ... ...... ............. ......... .......... . ........ -- --- -------- I ........ ..... . ...... ...... .... .... . ......... I....-.----.....--.-.-.,-.,....- . .... .. .. . . . ..... ....... ............. ...... . .. . . 8. These State/Local authorities may also require a permit before you begin work: Virginia Water Control Board Virginia Marine Resources Commission Valley Regional Office Post Office Box 756 P. 0. Box 268 2600 Washington Avenue Bridgewater, VA 22812Newport News, Virginia 23607-0756 .... . ......... ............ ............. - . ..... ...... ........... I ... ...... ....... . . ............. .... . ............. . . .. ..... ............ ... .... . ..... ............ ... I. -I ........ .. ... . ................ .... ... . ............ . ......... Robert Hume III Chief, Western Virginia Regulatory Section NAO FL 13 REVISED DEC 90 MRC 30 - J 1 1 vMRcu 91-1267 APPLICANT: rlenmore Associates COMMONWEALTH OF VIRGINIA MARINE RESOURCES COMMISSION PERMIT The Commonwealth of Virginia; Marine Resources Commission, hereinafter fe(eired to as the Commission, on this 28 t h day of April I 92 , hereby grants unto Clenmore Associates, c/o Mr. Frank Kessler, P.O. Box 5207 Charlottesville, Virginia, 22905 hereinafter referred to as the Permittee, permission to: 0 Encroach in, on or over State-owned subaqueous bottoms pursuant to Section G2.1-3 of the Code of Virginia, ❑ Use or develop tidal wetlands pursuant to Chapter 2,1 of Title 62,1 of the Code of Virginia, Permillceishereby authorized 10: Construct two submerged sewer line crossings, one submerged potable water line crossing, two submerged irrigation water line crossings and one elevated road crossing of Carroll Creek and construct a water intake structure extending 30 feet into the Rivanna River in Albemarle County in conformance with the plans and revised drawings dated received September 11, 19 9 1 ) which are attached hereto and made a part of this permit. This permit Is granted subject to the following standard conditions: (1) The work authorized by this permit shall be completed by April 30 1995 . The Permittee shall notify the Commission when the project has been completed, The completion dale may be extended by the ComrfiIsslon in its discretion. Any such application for extension of lime shall be in writing prior to the above completion dale and shall specify the reason for such extension and the expected dale of completion of construction. All other conditions remain in eflecl unless revoked by the Commission or the General Assembly. (2) This permit grants no authority to the Permillee to encroach upon the property rights, including riparian rights, of others. (0) The duly authorized agents of the Commission shall have the right to enter upon the premises at reasonable limes, for the purposes of inspecting the work being done pursuant to (his permll, (4) The Permihee small comply with the water quality slandards as established by the Virginia Water Control hoard and all other applicable jaws, ordinances, rules and regulations affecting the conduct of the project. The granting of this permit shall not relieve the Permittee of the responsibility of obtaining any and all other permits or authority for the project. (5) This permit shall not be transferred without written consent of the Commissioner, (6) This permit shall not affect or interfere with the right vouchsafed to the people of Virginia concerning fishing, fowling and the catching of and taking of oysters and other shellfish in and from the bottom of areas and waters not included within the terms of this permit. (7) The Permihee shall, (o (he greatest extent practicable, minimize the adverse effects of the project upon adjacent properties and wetlands and upon the natural resources of the Commonwealth. (8) This permit may be revoked at anytime by the Commission upon the failure of the Permittee to comply with any of the terms and conditions hereof oral the will of the General Assembly of Virginia, (9) There is expressly excluded from the permit any porlion of the waters within the boundaries of the Baylor Survey. (101 This permit is subject to any lease of oyster planting ground in effect on the dale of this permit, Nothing in this permit shall be construed as allowing the Permittee to encroach on any lease without the consent of the leaseholder, The Permittee shall be liable for any damages lo'such lease. (11) The issuance of this permll does not center upon the Permittee any interest or title to the beds of the waters. (12) All structures authorized by this permit which are not maintained in good repair shall be completely removed from Stale -owned bottom within three (3) months after notification by the Commission. (19) The Permittee agrees to comply with all of the terms and conditions asset forth in this permit and that the project will be accomplished within the boundaries as outlined in the plans attached hereto. Any ancroachmen( beyond the limits of this permit shall constilu(e a Class 1 misdemeanor, (14) This permit authorizes no claim to archaeological anlfacts which may be encountered during the course of construction. 11. however, archaeological remains are encountered, the Permitlee agrees to notify the Commission, who will, in turn, notify the Virginia Division of Historic Landmarks. The Permihee lunher agrees to cooperate with agencies of the Commonwealth in the recovery of archaeological remains it deemed necessary. (15) The Permihee agrees to Indemnity and save harmless the Commonwealth of Virginia from any liability arising from the establishment, operation or maintenance of said project. PERMITTEE—WHITE COPY COMMISSION—YELLOW COPY CORPS OF ENGINEERS—PINK COPY OF AL �IRG1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 May 26, 2010 J. Alden English McGuire Woods LLP P.O. Box 1288 Charlottesville, VA 22902-1288 Re: Glenmore — Perimeter Road Construction at Carroll Creek near Sewage Treatment Plant Dear Mr. English, This letter is in response to a pending request to release the bond for the replacement (permanent) culvert at Carroll Creek. This is in follow-up to our meeting on Monday, May 17th with you, Bill Ledbetter and Jeff Gaffney on this subject. The zoning proffers and rezoning files (ZMA 99-16 Glenmore and ZMA 06-16 K2 / Leake) do not explicitly address this road and the timing for its completion. (Please refer to the attached plan with the road segment shown in pink highlighter.) The subdivision files to -date also do not tie down the construction completion. Elaine Echols, Principal Planner, has found that the Leake rezoning anticipated a traffic split in either direction after half the Leake lots were built. One of the two purposes of this letter is to establish a timeline for completion of construction of this road segment. We will expect the road to be completed at the earliest of either: a) final subdivision plat approval for the 51St lot in the Leake (Glenmore K2) development or b) final subdivision plat approval of the lots immediately adjacent to the incomplete road segment (south of Road C on the attached drawing). With the understanding that the improved stream crossing / permanent culvert will be installed with the eventual perimeter road construction, we are able to release the bond for the permanent culvert at the waste water treatment plant crossing on Carroll Creek only if the A.C.S.A. concurs. If we receive an affirmative response from the ACSA, we will release this bond. • Page 2 Letter re: Perimeter Road in Glenmore May 26, 2010 If you have any questions, please do not hesitate to let me know. Sincerely, ` � C Amelia G. McCulley Zoning Administrator Cc: Bill Ledbetter, Roudabush & Gale Pete Gorham, ACSA Reading Files ,A SUBOly RUNNING! ti i 1510, O(� I 560!✓SIG' I 1 F �' I ^. r �'!'i — u (°, JL• � q�: Ny smi°F� ebur d0 to i' s n (a', ow i I ��'�` �• (Orr I �I FN <G / I !0r LOi 15 40, to, aaa v / -_ I i=•^ � (Ur Ly / (GIS/ I I /!•1•G I 401, lov, I , 11/)�1• / l � 0r6S 14,59 40 S rbi401, E�B�@ R\\ • f G (p � (ori �` .y for 1gel 1°/M+rr ;oia ^78 rr } \ \ . 1\11 •` nyL't o9 t lord � � ' (°r� / � � F� C' � \\� 1 ro lel �;tt� s o (or loryrr01� i '�" �� \I.r i .10, / r l I I,� ori 40rtw flpinlgC�pi �`��1 \ tots C / ,. 0 If 7 ZMA 06-016 APPLICATION PLAN � F� ROUDABUSH, GALE & ASS OCIATES, INC. SECTION K-2 (LEAKS) � m i `$ ENO/NEER8. 8URVEYORB ANO [.wO PLMVNERA EIR y, m gA � w ♦wow�ssro NwL cOwwoww nroNy COVER SHEET gg ! •IwVINO V/RO/NIA ZINCAW N.owueowrcrc,�wnwA F � 9 cu.o roAo-cwvuarresvlua hnaHH aanox e� 'M'. FAX 43.9966 4iD-E]ANL INFO®NOUMBUBILCOY Scale 0 140 290 420 tee+ Note' This map is for display purposes only and shows parcels as of 11131/2007 Dee Map woox mrroaunron !or auchwrei w+mia. Albemarle County Minnrrnno Tax Map: 093A5 01Y AL LIRG113t4+ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 November 7, 2007 Michael Barnes PO Box 5207 Charlottesville, VA 22905 RE: ZMA2006-00016 Glenmore Leake (Sign # 31, 32, 44, 69) Tax Map 94, Parcel 16, 74, and 16A (portion thereof) and Tax Map 93A1, Parcel 1 Dear Mr. Barnes: On October 30, 2007, the Albemarle County Planning Commission approved a motion to recommend denial by a vote of 5:2 of the above -noted petition to the Board of Supervisors. This recommendation of denial was based on the following staff recommendations: The applicant shall meet the Board's cash proffer and affordable housing expectations for 110 residential units. The plan shall be amended to show a complete pedestrian connection along Farringdon, Carroll Creek Road and Piper Way. The applicant shall coordinate asphalt pathway locations so that they are placed on the same side of the street as a majority of the residences; Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on NOVEMBER 14, 2007. It is the Board of Supervisor's preference that a public hearing not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. Therefore any new or additional information regarding your application, including final proffers if applicable, must be submitted to our office at least twenty-three (23) days prior to your scheduled hearing date, which is October 23, 2007. Please review the attached proffer policy established by the Board of Supervisors on December 7, 2005. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Elaine Echols, ACIP Principal Planner Planning Division Cc: Glenmore Associates Limited Partnership PO Box 5207 Charlottesville, VA 22905 Robert D & Carolyn S Livengood 1192 Ashton Road Keswick Va 22947 Ella Carey Jack Kelsey Glenn Brooks