HomeMy WebLinkAboutZMA200500005 Action LetterpF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
March 22, 2006
Frank Pohl
Weather Hill Homes
703 E. Jefferson St.
Charlottesville, VA 22902
RE: ZMA 2005 -00005 Liberty Hall (Cross Property) - Sign # 69
Tax Map 56, Parcels 97A, 97A1, and 97 (portion of)
Dear Mr. Pohl:
The Board of Supervisors indefinitely deferred the above -noted rezoning application on March
15, 2006 at the applicant's request.
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact me at 296 -5832.
Sincerely,
V. Wayne Cilimberg
Director of Planning
Cc: Coble, Edsel Max & J Arlene Coble Trustees of the Coble Living Trust
Cross, Robert Al & Jeanne Kerr Cross (Coble Living Trust)
Amelia McCulley
Tex Weaver
Chuck Proctor
Steve Allshouse
Gerald Gatobu
Louise Wyatt
Sarah Baldwin
Bruce Woodzell (Real Estate)
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COUNTY OF ALBEMARLE
DepanOlcnt or ComnJuniry Development
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June 28, 2006
Fr-ank Poill
Weather Hill Homes
703 E. Jefferson St.
Charlottesville, Vl\ 22902
RE: ZMA 2005-00005 Liberty Hall (Cros-s Property) - Sign # 69
Tax Map 56, Parcels 97 A, 97 A 1, and 97 (portion of)
Dear Mr. Pohl
The Board of Supervisors aporoved your rezoning application on June 14,2006. Your rezoning
from R1 (1 unit/acre) Residential to NMD Neighborhood Model District - residential (3 - 34
units/acre) mixed with commercial, service and industrial uses was approved in accordance with
the Code of Development dated April 6, 2006 and the attached proffers dated May 3'1, 2005.
An application plan/plan of development dated April 6, 200E. 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 applicable PROFFERS;
. compliance with requirements of the CODE OF DEVELOPMENT;
. approval of and compliance with an approved SITE PLAN and/or SUBDIVISION; and
. approval of a ZONING COMPLIANCE CLEARANCE.
If YOLl have questions or comments regarding the above-noted action please do not hesitate to
contact Sherr: Proctor at 296-5832
Sincerely,
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V'lJayne Ciiimberg ( \
Director of Pian ling \,,~I
VWC/aer
Cc: Coble, Edsel Max & J Arlene Coble Trustees of the Coble Living Trust
682 Radford Lane, Charlottesville, VA 22903
Cross, Robert AI & Jeanne Kerr Cross (Coble Living Trust)
610 Radford Lane, Charlottesville, VA 22903
Amelia McCulley
T ex Weaver
Chuck Proctor
Steve Allshouse
Sherri Proctor
Sarah Baldwin
Bruce Woodzell (Real Estate)
Poh!
Page 2 of2
June 28, 2006
Original Proffer X
PROFFER FORM
Date of Proffer Signature: 5/31/2006
ZMA #2005-00005
Tax Map Parcels: 56-97A; 56-97Al, portion of 56-97
8.377 Acres to be rezoned from Rl to NMD (Neighborhood Model District)
in accordance with the General Development Plan dated April 6, 2006
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner, or its duly authorized agent,
hereby vollmtarily proffers the conditions listed belo'w which shall be applied to the property, if rezoned \vith the
offered Plans approved for development. These conditions are proffered as a part of the requested rezoning and it
is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning request.
1) The Owner shall contribute $137,600 ($3,200 per unit for 43 units) cash to the County's capital improvement
program for the purpose of mitigating impacts from this development. The cash contribution shall be used for
transportation improvements (i.e. Eastern A venue), schools, libraries, fire and rescue, parks or any other public
use serving the Community of Crozet as identified in the Crozet Master Plan. Contributions shall be payable
lillder one of the following methods, which shall be designated by the County: (1) ninety (90) days after receipt
of written notice by the Owner from the County identifying a Capital Improvement Project within the
Community of Crozet for which the cash would be applied, provided that contributions for a Capital
Improvement Project shall not exceed $50,000 during any sixty (60) day period and said request is after the
County's approval of the first final site plan or subdivision plat within the Project, or (2) in increments of
$3,200 cash per lot, for any market-rate townhouse or new detached single family dwelling unit prior to or at
the time of issuance of a building permit for any improvement thereon. If the cash contribution has not been
exhausted by the County for the stated purpose within (10) ten years from the date of the County's receipt of
the final contribution, all unexpended funds shall be applied to a project(s) identified in the County's Capital
Improvements Program for the Community of Crozet.
2) The Owner shall provide eight (8) units of affordable housing as identified on the General Development Plan
produced by Timmons Group, dated August 15, 2005 and last revised April 6, 2006, entitled "Application Plan
- Figure 2". The Owner shall convey the responsibility of constructing the affordable tmits to any subsequent
purchaser of the subject property. The current Owner or subsequent Owner shall create units affordable to
households with incomes less than 80% of the area median income, such that housing costs consisting of
principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the gross
household income. All purchasers of these units shall be approved by the Albemarle County Office of Housing
or its designee. The Owner/Builder shall provide the County or its designee a period of 180 days to identifY
and pre-qualify an eligible purchaser for the affordable units. The 180-day period shall commence upon
written notice from the Owner that the units will be available for sale. This notice shall not be given more than
120 days prior to anticipated receipt of the certificate of occupancy. If the County or its designee does not
provide a qualified purchaser during this period, the Owner shall have the right to sell the unit(s) without any
restriction on sales price or income of purchaser. This proffer shall apply only to the first sale of each of the
eight (8) units.
3) Within 30 days after VDOT detennines that a traffic signal is warranted at the intersection of Radford Lane and
Route 250 or at the intersection of Eastern A venue and Route 250, the Owner shall make a cash contribution to
Pr~ffer Farm
Libelty Hall
Weather Hill Development, LLe.
Page 1
the County to pay for its share of the cost to install a traffic signal by others. The Owner's cash contribution
shall be based upon the traffic volume generated by this site at the intersection, as compared to the total traffic
volume at the intersection creating the need for the traffic signal, as determined by VDOT, Albemarle COlIDty,
or the Owner's traffic consultant with the review and approval by VDOT and Albemarle County, and be
deternlined by Albemarle County using an equitable method for determining the Owner's pro-rata share of the
cost. This proffer shall be in effect until December 31, 2013.
4) The Owner shall dedicate and convey to Albemarle County, prior to the first final site plan approval, a lO-ft
wide access easement to accommodate the construction, maintenance, and use of a Class B primitive trail
connecting a sidewalk at the northern end of "Road D" to the property line adjacent the 20' sewer easement on
TMP 56-97 as shown on the General Development Plan. The access easement shall be shown on the
subdivision plat or site plan for the underlying or adjacent lands within the Project and constructed by Owner in
conjunction with the improvements for that subdivision plat or site plan. The primitive trail shall be designed
and constmcted in accordance with the standards identified in the Albemarle County Comprehensive Plan,
Appendix A - Greenway Plan. If the primitive trail access easement is not dedicated as part of a subdivision
plat, the Owner shall pay all costs of surveying and preparing legal documents in a form acceptable to the
County Attorney necessary to dedicate the easement.
5) Overlot grading Plan - Plats: The Owner shall submit an over-lot grading plan (hereinafter the "Plan") meeting
the requirements of Proffer 5 with the application for each subdivision of the Property into single family
detached lots and single family attached dwelling units shown on the General Development Plan. The Plan
shall show existing and proposed topographic features to be considered in the development of the proposed
subdivision. The Plan shall be approved by the County Engineer prior to final approval of the site plan or
subdivision plat. The Property within the subdivision shall be graded as shown on the approved Plan. No
certificate of occupancy shall be issued for any dwelling on a lot where the County Engineer has determined the
lot grading is not consistent with the approved grading Plan. The Plan shall satisfY the following:
a) The Plan shall show all proposed streets, building sites, setbacks, surface drainage, driveways,
trails, and other features the COtIDty Engineer detennines are needed to verify that the Plan satisfies
the requirements of this proffer.
b) The Plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet.
c) All proposed grading shall be shown with contour intervals not greater than two (2) feet. All
concentrated surface drainage over lots shall be clearly shown with the proposed grading. All
proposed grading shall be designed to assure that surface drainage can provide adequate relief from
the flooding of dwellings in the event a stonn sewer fails.
d) Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient
of three (3) feet of horizontal distance for each one (1) foot of vertical rise or fall (3:1). Steeper
slopes shall be vegetated with low maintenance vegetation as detennined to be appropriate by the
County's program authority in its approval of an erosion and sediment control plan for the land
disturbing activity. These steeper slopes shall not exceed a gradient of two (2) feet of horizontal
distance for each one (1) foot of vertical rise or fall (2: 1), unless the County Engineer finds that the
grading reconunendations for steeper slopes have adequately addressed the impacts.
e) Surface drainage may flow across up to three (3) lots before being collected in a storm sewer or
directed to a drainage way outside of the lots.
f) No surface drainage across a residential lot shall have more than one-half (1/2) acre of land
draining to it.
g) All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of
the building site.
Proffer Form
Liberty Hall
Weather Hill Development, LLe.
Page 2
h) The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if it is less
than (10) feet, from the portion of the stmcture facing the street, has grades no steeper than ten (10)
percent adjacent to possible entrances to dwellings that will not be served by a stairway. This
graded area also shall extend from the entrances to the driveways or walkways connecting the
dwelling to the street.
i) Any requirement of this proffer may be waived by the County Engineer by submitting a waiver
request with the preliminary plat. If such a request is made, it shall include: (i) a justification for
the request contained in a certified engineer's report; (ii) a vicinity map showing a larger street
network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual
Plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed
botmdaries of the property; (iv) topography of the property at five (5) foot intervals for the property
being subdivided and on abutting lands to a distance of one hundred (100) feet from the bOlmdary
line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams,
stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets
and lots, unit types, uses, and location of parking, as applicable. In reviewing a waiver request, the
County Engineer shall consider whether the alternative proposed by the Owner satisfies the
purpose of the requirement to be waived to at least an equivalent degree. In approving a waiver, the
County Engineer shall find that requiring compliance \vith the requirement of this condition would
not forward the purposes of the County's Subdivision and Water Protection Ordinances or
otherwise serve the public interest; and granting the waiver would not be detrimental to the public
health, safety or welfare, to the orderly development of the Project, and to the land adjacent thereto.
j) The Owner may request that the Plan be amended at any time. All amendments shall be subject to
the review and approval by the County Engineer.
k) In the event that the County adopts overlot grading regulations after the date ZMA 2005-00005 is
approved, any requirement of those regulations that is less restrictive than any requirement of
Proffer 5 shall supersede the corresponding requirement of this paragraph, subject to the approval
of the Director of the Depar1ment of Community Development.
Signature of Owner:
....-""1;4
--'1'~
Marc C. Powell, Managing Member
Weather Hill Development, LLC
Contract Purchaser
and Agent for Robert 1. Cross and Jemme Kerr Cross, current Owners
Date: May 31,2006
Proffer F ann
Libelty Hall
Weather Hill Development, LLe.
Page 3
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
March 3, 2006
Frank Pohl
Weather Hill Homes
703 E. Jefferson St.
Charlottesville, VA 22902
RE: ZMA 2005 -00005 Liberty Hall (Cross Property) - Sign # 69
Tax Map 56, Parcels 97A, 97A1, and 97 (portion of)
Dear Mr. Pohl:
The Albemarle County Planning Commission, at its meeting on February 21, 2006, unanimously
recommended denial of the above -noted petition to the Board of Supervisors.
The Commission noted that critical slope disturbance, along with erosion and sediment control measures
adjacent to those slopes, have not been adequately resolved with the latest revised plans.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public
comment at their meeting on March 15, 2006.
Action on Waiver from Section 4.2 Critical Slopes:
The Commission unanimously denied the waiver request from Section 4.2 Critical slopes for ZMA-
2005 -005 Liberty Hall.
Action on Waiver from Section 4.12.9(a) On- Street Parking:
The Commission, by a 4:2 vote, approved the waiver request from Section 4.12.9(a) On- Street
Parking for ZMA- 2005 -005 Liberty Hal, subject to the following conditions as listed in the staff report:
1. The parking calculations on page 30 in the Code of Development must be revised to indicate that the
residential units require a total of 48 spaces rather than 50 spaces. Since the condominiums do not
have on -site parking they require 2 spaces per unit.
2. Note on the Plan that the commercial building in Block 1 is limited to uses that require no more than
1 space per 200 square feet of net office floor area.
3. Note on the Plan that an instrument assuring the maintenance of the 18 shared spaces must be
recorded when the Block is subdivided or converted to a condominium regime.
4. A note placed on the plan that reserves the area next to the parking lot for future parking.
Pohl
ZMA- 2005 -005 Liberty Hall
March 3, 2006
Radford Lane /Road A - Action on Waiver from Section 14.422 Sidewalks and Planting Strips:
The Commission, by a 5:1 vote, approved the waiver request from Section 14.422 Sidewalks and
Planting Strips as recommended by staff for Radford Lane /Road A in ZMA- 2005 -005, Liberty Hall.
Road B - Action on Waiver from Section 14.422 Sidewalks and Planting Strips:
The Commission, by a 4:2 vote, denied the waiver requests from Section 14.422 Sidewalks and
Planting Strips for Road B in ZMA- 2005 -005, Liberty Hall because there is no need to approve the proposal
at the maximum range due to the critical slope and density issues and the road has to be widened.
The Commission noted that this denial means that the applicant has to put in the sidewalk and the
planting strip unless the Board changes it.
If you should have any questions or comments regarding the above noted actions, please do not hesitate to
contact me at (434) 296 -5832.
Sincerely,
Rebecca Ragsdale
Senior Planner
Planning Division
RAR/aer
Cc: Coble, Edsel Max & J Arlene Coble Trustees of the Coble Living Trust
682 Radford Lane, Charlottesville, VA 22903
Cross, Robert Al & Jeanne Kerr Cross (Coble Living Trust)
610 Radford Lane, Charlottesville, VA 22903
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse