COUNTY OF ALBEMARLE
Kenridge Phase I - Site Plan Bond Extension Request
Approval of an 18-month extension for installation of uncompleted bonded site improvements in the Kenridge Development
Messrs. Tucker, Foley, Davis, Kamptner, Graham, Heide and Ms. McCulley
LEGAL REVIEW: Yes
February 4, 2009
ACTION: X INFORMATION:
When property which is subject to a site plan is ready to be occupied and all safety improvements are complete, the developer may bond non-safety items for up to one year. These incomplete items typically involve landscaping or the final coat of surface treatment. The Zoning Ordinance allows the Board to grant an extension of that one-year bond limit “because of adverse weather conditions or other unusual circumstances beyond the applicant’s control, rather than the applicant’s failure to diligently pursue completion or other reasons.” (See Attachment A for full text.)
Kenridge is located on the north side of Rt. 250 West adjacent to and west of the White Gables development. It is a mixed use development consisting primarily of townhouses with a limited number of single family detached units and commercial buildings. It is currently in the first phase of development with about 10 units built and additional units under construction.
Enhance the Quality of Life
Hunter Craig, Manager of Kenridge, LLC, originally submitted a request for a 12-month extension for the completion of the site work identified in the related Site Development Performance Bond for the Kenridge Phase I Development (See Attachment B). After discussion with staff, the applicant wishes to amend his request to an 18-month extension. The additional time will include two spring planting and construction periods rather than one. Mr. Craig notes in his request that the weakness in the residential market beyond his control as a developer is the basis for his request. He further notes: “As such improvements are most prudently made after the substantial construction of homes which they serve so as to mitigate their disturbance (and consequent need for reinstallation or repair) given the heavy traffic and machinery brought on-site during such construction, postponement of completion of such items in accordance with postponement of such housing construction is not only more economically viable but also thought to be in the best interest of the community with respect to the final product.”
The incomplete bonded items in Phase I are landscaping, internal walkways and cobblestone crosswalks. Although landscaping has been installed on the east and west perimeter of the property, most of the required landscaping has not yet been installed. One area in which landscaping has not yet been installed is the location of a planned biofilter that will be installed in a later phase. The Phase I landscaping in this area would have to be removed when the biofilter is installed.
Staff believes that the current economic conditions are unusual circumstances beyond the applicant’s control and provide cause for granting the requested extension. Delaying the installation of bonded improvements should not adversely affect either the public in general or the neighbors to this development. The delay in installing the bonded improvements will, of course, affect the small number of current residents of Kenridge. However, staff believes that the grounds for the extension request outweigh the temporary delay in those improvements being installed.
This is the first request for a site performance bond extension to come to the Board. Staff anticipates that additional requests will follow because of the current economic conditions.
The budget impact is minimal and is based on an additional period for site inspections.
Staff recommends approval of Hunter Craig’s request for an 18-month site plan bond extension to May 29, 2010.
A-Zoning Ordinance relating to Bond Extensions
B-Applicant’s Bond Extensions Request
Return to consent agenda
Return to regular agenda