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Home My WebLink AboutZMA201300002 Correspondence 2013-08-05DRAFT PROFFER STATEMENT Pantops Corner Date of Proffer: August 5, 2013 Project Name: Pantops Corner ZMA Number: 201300002 Owner: Pantops Corner LC P.O. Box 22 Ivy, VA 22945 Existing Zoning: R1- Residential Zoning Requested: Highway Commercial (HC) Acreage of Parcel: 2.246 Magisterial District: Rivanna Tax Map #(s): Tax Map 78 / Parcel 58G1 Legal Reference: Albemarle County Deed Book 3875 Page 612 Exhibit(s) /References: 1) Attached exhibits C -1 and C -2 referencing location of "Road A ", prepared by Justin Shimp, P.E. The Term "Owner" as referenced within this document shall include within its meaning the owner, or owners, of record of the Property, or properties, and their successors in interest. The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property from the R1 District to the Highway Commercial District as requested, the Owner shall develop the Property in accord with the following proffered development conditions (each, a "Proffer," and collectively, the "Proffers "), which the Owner acknowledges are reasonable, pursuant to Section 15.2 -2303 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. If rezoning application ZMA 201300002 is denied, these proffers shall immediately be null and void and of no force and effect. ATTACHMENT III 1. Interconnectivity. Contemporaneously with, and as part of, frontage improvements along Stony Point Road (Rt. 20) required in connection with any subdivision plat or site plan for the Property, the Owner shall construct a travel way from Stony Point Road (Rt. 20) to TMP 78 -6, as labeled Road "A" on Exhibits C -1 and C -2. The travel way will provide future inter - parcel connectivity and will be constructed to a point as close to the property line as can reasonably be accomplished without the need for offsite construction or grading easements. An access easement to tax map 78, parcel 6 shall be provided subject to an agreement between the respective owners to share the cost of the road. 2. No Development Until Connection to Route 250. No Certificate of Occupancy for any building on the north side of Road A shall be issued for the Property until an inter - parcel connection is made to U.S. Route 250. The location of the inter - parcel connection may vary and shall provide safe and convenient access as outlined in section 4.12 of the Zoning Ordinance. 3. Green Space. The northern most portion of the property being within the FEMA 100 year flood hazard overlay area, or within the 50' building setback line from the adjoining residential property, whichever is greater, shall be maintained as a green space within the development. Temporary disturbance of the green space shall be permitted provided that the disturbed areas are re- vegetated with the appropriate mitigation of trees or shrubs as prescribed for mitigation of stream buffer areas in Chapter 17 of the Ordinance. The requirement for preservation of the green space shall not be applicable along the Route 20 ROW for public improvements required by the Virginia Department of Transportation. 4. Neighborhood Scale Footprint. No Structure on the north side of Road A on the Property shall have a footprint greater than 12,000 SF. 5. Permitted Uses. The "By- Right" permitted uses on the north side of connector Road "A" (as shown in Exhibits C -1 and C -2) shall be limited to those uses allowed in Sections 24.2.1 with the exception of the following uses: + 24.2.1 - 2. Automobile, truck repair shops. + 24.2.1 - 3. Automobile service stations (reference 5.1.20). + 24.2.1 - 4. Building Material Sales. + 24.2.1 - 7. Convenience stores. + 24.2.1 -21. Light Warehousing. + 24.2.1 ' -22. Machinery and equipment sales, service and rental. + 24.2.1 -23. Mobile home and trailer sales and service. 24.2.1 -24. 24.2.1 -25. • 24.2.1 -32. 24.2.1 + 24.2.1 + 24.2.1 0 24.2.1 -34. -38. Modular building sales. Motor vehicle sales, service and rental. Sales of major recreational equipment and vehicles. Wholesale distribution. Indoor theaters. -40. Temporary nonresidential mobile homes (reference 5.8). -46. Storage yards. ATTACHMENT III The undersigned Owner hereby proffers that the use and development of the Property shall be in conformance with the proffers and conditions herein above. This document shall supersede all other agreements, proffers or conditions that may be found to be in conflict. The Owner agrees that all proffers shall be binding to the property, which means the proffers shall be transferred to all future property successors of the land. WITNESS the following signature: i COMMONWEALTH OF VIRGINIA CITY /COUNTY OF , to wit: The foregoing instrument was acknowledged before me this day of 2013 by , Owner(s) of Tax Map 78 Parcel 58G1. My Commission expires: Notary Public Attachment III DRAFT PROFFER STATEMENT Pantops Corner Date of Proffer: May 5, 2013 Project Name: Pantops Corner ZMA Number: 201300002 Owner: Wynne, John Leigh & James B. 1688 Holcomb Rock Road Lynchburg, VA 24503 Existing Zoning: R1- Residential Zoning Requested: Highway Commercial (HC) Acreage of Parcel: 2.246 Magisterial District: Rivanna Tax Map #(s): Tax Map 78 / Parcel 58G1 Legal Reference: Albemarle County Deed Book 3875 Page 612 Exhibit(s) /References: 1) Attached exhibits C -1 and C -2 referencing location of "Road A ", prepared by Justin Shimp, P.E. The Term "Owner" as referenced within this document shall include within its meaning the owner, or owners, of record of the Property, or properties, and their successors in interest. The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property from the R1 District to the Highway Commercial District as requested, the Owner shall develop the Property in accord with the following proffered development conditions (each, a "Proffer," and collectively, the "Proffers "), which the Owner acknowledges are reasonable, pursuant to Section 15.2 -2303 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. If rezoning application ZMA 201300002 is denied, these proffers shall immediately be null and void and of no force and effect. ATTACHMENT D 1. Interconnectivity. Contemporaneously with, and as part of, frontage improvements along Stony Point Road (Rt. 20) required in connection with any subdivision plat or site plan for the Property, the Owner shall construct a travel way from Stony Point Road (Rt. 20) to TMP 78 -6, as labeled Road "A" on Exhibits C -1 and C -2. The travel way will provide future inter - parcel connectivity and will be constructed to a point as close to the property line as can reasonably be accomplished without the need for offsite construction or grading easements. An access easement to tax map 78, parcel 6 shall be provided subject to an agreement between the respective owners to share the cost of the road. 2. Permitted Uses. The "By- Right" permitted uses on the north side of connector Road "A" (as shown in Exhibits C -1 and C -2) shall be limited to those uses allowed in Sections 24.2.1 with the exception of the following uses (which may be permitted with a Special Use Permit): • 24.2.1 - 2. Automobile, truck repair shops. • 24.2.1 - 3. Automobile service stations (reference 5.1.20). • 24.2.1 - 7. Convenience stores. • 24.2.1 -22. Machinery and equipment sales, service and rental. • 24.2.1 -23. Mobile home and trailer sales and service. • 24.2.1 -24. Modular building sales. • 24.2.1 -25. Motor vehicle sales, service and rental. • 24.2.1 -32. Sales of major recreational equipment and vehicles. • 24.2.1 -34. Wholesale distribution. • 24.2.1 -38. Indoor theaters. • 24.2.1 -40. Temporary nonresidential mobile homes (reference 5.8). • 24.2.1 -46. Storage yards. The undersigned Owner hereby proffers that the use and development of the Property shall be in conformance with the proffers and conditions herein above. This document shall supersede all other agreements, proffers or conditions that may be found to be in conflict. The Owner agrees that all proffers shall be binding to the property, which means the proffers shall be transferred to all future property successors of the land. ATTACHMENT D WITNESS the following signature: COMMONWEALTH OF VIRGINIA CITY /COUNTY OF to wit: The foregoing instrument was acknowledged before me this by 58G1. day of 2013 Owner(s) of Tax Map 78 Parcel My Commission expires: Notary Public ATTACHMENT D