April 4, 2007



Mark Keller

Terra Concepts, P.C.

200 6th Street, NE

Charlottesville, VA 22902



RE:      ZMA-2006-005 Avinity (Sign #75)

            TM 90 Parcels 35J, 35K and 35I; TM 91 Parcel 14



Dear Mr. Keller:


The Albemarle County Planning Commission, at its meeting on March 20, 2007, unanimously recommended approval of the above-noted rezoning petition to the Board of Supervisors.

Please note that this approval is subject to the following proffers modifications:



Regarding the waiver requests:

The Planning Commission unanimously approved the waivers with respect to the following:  the critical slopes, the disturbance of the open space, sidewalk and street trees on one side of the street, and any other requested waiver with the conditions defined in the staff report with the exception of the private street interconnection.  


Regarding the Interconnection waiver request:

The Planning Commission unanimously approved the waiver to Section 14-409 to allow the interconnection as shown on the plan with the following conditions:


  1. An easement must be provided to include the maintenance and that it will remain open for public access. 
  2. The applicants must submit a maintenance agreement that meets the requirements of County Code Section 14-3.1.7.


Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 11, 2007.


If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832.






Elaine K. Echols

Principal Planner – Development Areas

Planning Division


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