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HomeMy WebLinkAboutZMA200700002 ProffersOriginal Proffers Amendment PROFFERSTATEMENT ZM A No. .2007 -- 0002 , � .. .. 1.antl PORTION �]�' �320�•-�0�041ItU Tai. Map and Pay cel Nu���be� �s}.. 032U� �� 441D . owner(s) of Record: Post;'OffieeLand Trust anti 'Til{x LLC Date of PI -offer Signature: 'November .:2, :2009 'J.021 -acres to be, rezoned from DC .& ?DMC to PDSQ ' - PORTION �F Tax Map -and .Parcel I�umbel• 03200-40-041I�t0 and -Post, Land Trust , is the o�rt-�e� 01' a. • �a "Pro �e�•t " • and- .Parcel Number 03240-00•-041DI (tile owners and the 1 y ) Tiii, LLC, Is the ow1le� of Tai Map z s "Timberwood ' ub'ect. of rezoning app icatio�� ZMA No. 2007 �- �Uo2,. a project known a . which Is the s ,� P Commons " (tile "Project"), e to the Application Plan entitled "Application Plan for Timberwood This Proffer Statement shall z elat pp �� 09 and prepared b Dominion Development Resources, LLC. Coi��mons ,dated 1ui�e.5, 20 � P P �' •le County .Zonin Ordinance, the Owners hereby voluntarily proffer the Pursuant to Section �3..� of the Albemat ty g ' trict identified shall be applied to the Property if it is. rezoned to the zoning d is coed �t�o��s listed below wig pp � �nr��ers ackno�vledt7e that the conditions .are proffered as a part of the requested �•ezo���nb and the � a above. These a 1? conditions are reasonable. ' ll be o��l those uses allowed by right udder Section 1. The' uses of the Property,permitted by right shall y ., wi��� C-1 Section 22.2.1 , CO (Sectiol1.23.2.1 } olid HC (Section 24.2.1) uses .25.2.1 e�.cept fog tl�e folic b �. district .b refere��ce under Section 25.2.1 (1), as all of those sections of permitted 1�� the PDSC zo��l� g �' . 'Ibemarle CountyCode, are its effect o�z December �, 209, copies of which. Chapter 18, Zoning, of the A are attached hereto aid ' incorporated herein as Attachment A Cemeteries: Sections .22.2.1 (b}(3), 23:2.1. (4), 24.2.1-(5) A. Cent . .B. -Fire and rescue. squad stations: Sections 22:2.1 (b)(6),._24.2.1(13) q. C.' Indoor theaters: Sections .22.2.1 (b)(9)5.24.2.1(3 8) Libi.•aries museums Sections .22.2 . I (b)( 12); 23.2-.1 (5) E. Automobi le service. stations: Sections 22.2.1(b)(16))124.z. i �3 ) ' truck rep air shop , excluding body shop: Sections 22.2.1(b)(22),.24..2.1 (2) . F . A�.tta�nabtle, G. Hotels, motels aiacl' iiiiis: -Section .24.2.1(20) H. Mobile ]ionic and trailer sales, Section 24.2.1(23) 1. Modular building sales: Section.24.2.1(24) J. Motor'vehicle sales, service and rental: ,Section .24:2.1(25) K. Building material sales: Section 24:2:1(4) g L. Light warehousing: Section 24.2.1 (21) M. Machines and equipment sales, service,' and'rental: Section 24.2.1(2N. 2) Sale of major recreational equippient and vehicles: Section 24.2.1(32) _ 0. Wholesale distribution: Section 24.2.1(.)4) P. Heating oil sales and-distr-ibution: Section 24.2.1(39) . g . 1 2. T p y Tile uses of the Pro eii permitted by special.Lise permit shall be those uses allowed by special use Permitnder Section 25.2.2 of Chapter 18, Zoning, of the Albemarle County Code, as that section is in ial�ecez��ber 9 2009, a copy of which is attached hereto -and incorporated herein as Attachment effect. o P B. OWNER r .By: Charles W. Hurt Title.: Trustee Post Office Land Trust OWNER t"By Anthony Valente .• Lir Tale: manager and member Tiki, LLC By: Shirley L. Fi 'ler A.V4/c;0 q Title: Trustee Post Office Land Trust .p �`r�,f � � tom•. • � fi, : Ma . Valente r: By � Title: manager .and member Ti k i, LLC ALBS N ARL.L CO UIV T I' CODE CHAPTER -18. ZONING SI{CTION.22. COMMERCIAL -- CA ,Sections:. .22.1 INTENT, WHERE PERMITTED . 22.2 PERMITTED USES' , .22.2.1 P Y �RI G HT 22.12 BY SPECIAL USE PERMIT 22.3 ADDITIONAL REQUIREMENTS 22.1 INTENT, WHERE PERMITTED C-1 districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service and. public use establishments which are primarily oriented to central business concentrations. It is intended that C-1 districts be established only within _the urban area, communities and villages in the comprehensive plan, (Amended 9-9-92) 22.2 PERMITTED USES .22.2.1 BY RIGHT The following uses shall be permitted. in any C-1 district subject to the requirements and. limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may .permit as a use by right, a use not specifically -permitted; .provided that such use shall be similar -to uses permitted by right in -general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be, as generally provided in section 34.0. a, -The following retail sales and service establishments: 1. Antique, -gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3 Department store: 4. Drug store, pharmacy, .5. Florist, 6. Food and grocery stores including such specialty shops as bakery, candy; milk dispensary and -wine and cheese shops. 7. Furniture and home appliances (sales and service). I8-22-1 . Zoning Supplement B6, 12-30-99 A i-+ rat,1m�ri{- n ALBEMA LE COUNTY CODE Hardware store.. 9. Musical instruments. 10, Nem/sstands, magazines, pipe and tobacco shops. 1 l . 'Optical hoods. 12. Photographic.goods. 13. Visual and audio appliances, 14. Sporting goods. 15. Retail nurseries and greenhouses, k . The following services and public establishments: 1. Administrative, professional offices. 2. Farber, beauty shops. J. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (ref -once 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 10. Laundries, dry cleaners. 11. Laundromat (provided that atz attendant shall be on duty at all hours during operation). 12. Libraries', -museums.. 13. Nurseries, day dare centers (reference 5.1.06). 14. Eating. establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities excluding. tower structures and - including -poles, .lines, transformers,, pipes, meters and related facilities for distribution of local service and owned and operated by a public :utility. water distribution and sewerage collection lines, . pumping stations and appurtenances owned and operated 'by the Albemarle County Service Authority. - (Amended 5-2--93) t- 18-22-2 Zoning Supplement #6, 12-30-99 A LBEAYA RLE, COUNTY CODE 18. Public uses and buildings including temporary or mobile facilities sucli- as schools,' offices, parks, playgrounds and roads funded, owned or operated by local, state or federal ' agencies (reference 31.2.5); public water and sewer transmission, plain or trunlL111es treatment facilities, pumping stations and the like, owned and/or operated by the ' Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9) 19. Temporary construction uses (reference 5.1.1 �. .20. Dwellings (reference 5.1.21). .21. Medical center. 22. Automobile, truck repair shop excluding body shop, (Added 6-3--81; Amended .9-9--92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 24, Indoor athletic facilities. (Added 9-15-93) 25. Farmers' -market (reference 5.1.36). (Added 10-11-95) , 26. Stormwater management facilities shown on an approved final site plan or subdivision plat, (Added 10-9-02) 27. Tier.I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04) (§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; -5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 14-9-02; Ord. 04-18(2)3 10-13-04) 22:21 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1: Commercial. recreation establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83) 2. ElectricalP ower substations, transmission lines and related towers; gas or oil transmission unmanned telephone exchange centers; micro - lines, pumping stations and appurtenances; wave and radio -wave transmission and relay towers, substations and appurtenances. .3. Hospitals. 4, • Fast food restaurant. 5. Veterinary office and hospital (reference 5. X-.11 6. Unless such uses are otherwise provided; in this. section,.- uses permitted in section 18.4, residential R--15, in compliance with 'regulations set forth therein, and such conditions as may be imposed pursuant -to section 31.2.4. . -7. Hotels, motels and inns. 8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive plan. (Added 6-1-83) 18-22-3 Zoning Supplement #30, 10-1 3-04 ALB.�'.l ARLE CO UIV T F CODE 9. Stand alone: parking and parking structures (1•eferencc 4. 12, 5.1.4 ])..(Added 11--7.54; Amended 2-5-03). 10, T)rive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9--9- 92) 11. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses ' permitted by right, not served by -public sewers involving anticipated discharge of sewage other than domestic wastes. (Added .6-14-89) 12. Body shop. (Added 9-9-92) 13. Animal shelter (reference 5.1.11). (A.dded 6-1 6-99). 14. Tier III personal i�•eless service. facilities (reference 5:1.40). (Added 10-13-04) 20--22.2.21,12-10.80; 1-'1-83; 6-1-83; 1,1-7-84; 6-14-89; Ord. 03-1 8(1), 2-5_03; Ord. 04-18(2),10-1.3-04) 22.3 ADDITIONAL REQUIREMENTS In addition to � the requirements contained herein, the requirements of section 21.0, commercial districts, generally, shall apply within all C-1 districts. (Amended.3-17-82;.7-10--85) 18-22-4 Zoning Supplement 430, 10-13-04 ALBEMAI?LE CO r11 ITF CODE CHAPTER 1 S ZONING , SECTION 23 COMMERCIAL OFFICE - CO Sections: 23.1 INTENT, WHERE PERMITTED .23.2 PERMITTED USES '123.2.1 BY RICHT .23.2.2 BY SPECIAL USE PERMIT • ..23.3 ADDITIONAL REQUIREMENTS 23..1 INTENT, WHERE PERMITTED CO districts are hereby created and may hereafter be established by amendment to the zoning map top ermit development of administrative, business and professional offices and supporting accessor}, uses and facilities. This district is intended as a transition between residential districts and other more intensive commercial. and 'industrial districts. 23.2 PERMITTED USES 212.1 BY RIGHT The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations; 1. Administrative and business offices. 2. Professional offices,. including medioal,- dental and optical. 3. Financial institutions, 4. Churches, cemeteries, 5. Libraries, museums. 6. Accessory uses and structures incidental to the principal uses provided herein. The aggregate of all accessor}, uses shall not occupy more that twenty, (20) percent of the floor area of the buildings on the site, The following accessory uses shall be permitted; -Eating establishments; Newsstands; -Establishments for the sale of office supplies and service of office equipment; -Data processing services; -Central reproduction and mailing services and the like; 18-23-1 Zoning 5uppiemenl 454, 8-5-09 ALISEMARLE COUNTY CODE -Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of optical or prosthetic appliances on sites containing medical,�dental or optical offices; -(Repealed 3-17-82) -sale/service of goods associated with the principal use such as, but not limited to: musical instrunlents, musical scores, text books, artist's supplies and dancing shoes and apparel; (Added 12--3-86) -Barber shops; (Added 8-5-09) -Beauty shops, (Added 8-509) 7. Electric, gas, oil E111d communication facilities, excluding tower structures and including pales,, lines, tz•ansfortTlers, pipes, ITleters alld ;-elated facilities for distributioi7 of local service and owned and operated by a public utility. -Water distribution and sewerage collection lines, pLinilaing stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other aplalicablc I.aw. (Amended 5-12-93) 8. Public uses and buildings including temporary or mobile facilities - such as schools, off ces, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping. stations and the like, owned and/or operated by the Rivanna 'Nater and Sewer Authority (reference 31.2.5; 5.1,12), (Amended l 1-1-89) 9. Temporary construction uses (reference 5.1.18). 10. Dwellings (reference 5.1.21 ),. (Added 3-17-82) 11. Temporary nonresidential mobile. homes (reference 5.8). (Added 3-5-86) 12. Day care, child care or nursery facility (reference 5,1.6), (Added 9-9-92) 13, Stormwater management facilities shown on an approved final site plan or -subdivision plat. (Added 10-9-01 } 14. Tier. r and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04) (§ 20--23.2.1) 12•-10--80; 3-17-82; 3-5-86; 12--3-86; 11-1--89; 9-9-92; 5-12-93; Ord, 01--18(6), 10--9--01 ;Ord. 04--18(2), 10-13-04; Ord, 09•-18(6), 8-5-09} 23.2.2 ,BX SPECIAL USF, PERMIT The following uses shall be permitted only by' special .use permit approved kby the board of supervisors pursuant to section 31-.2;4: 1. Hospitals. 2, Funeral homes. 3. Electrical power substations, transmission Iines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro- wave and radio -wave transmission and relay towers, substations and appurtenances. 18-23-2 Zoning Supplement 454, 8-5-09 ALBEAYARLE COUIVTY CODE Lictures (reference 4.12, 5.1.41 '(Added 11-7-84;d. Stand alone pat -icing and parking str Amended 2-5-03) 5, Commercial uses otherwise permitted having drive'in windows Added 11-7-84) 6, School of special instruction, (Added 1-1-87) 7. Clubs lodges', civic, fraternal, patriotic (reference 5.1.2), (Added 1-147)' ng Uses aermittecl b / right, not served by public. water, involving water consumption exceedi four hundred (400) gallons per site acre Pei- day. Uses permitted b), right, not served by P� g public sewer, involving anticipated discharge of sewage other than domestic wastes, (Added 6-14-89) 9 Unless such uses are otherwise provided' in this section, . uses permitted in section 18,0, residential' R-15. in compliance with regulations set. forth therein and. such conditions as may be imposed pursuant to section 312,4. (Added 6-1,9-91) 10. Hotels, motels and inns (reference 9.0), (Added 5-1.9•-9.1) 11. Supporting commercial uses (reference 9.0), (Added 6-19-91) PP g 12, Research and development activities including experimental testing, (Added 6-19-91) 13. Laboratories, medical or pharmaceutical. (Added 6-10-92) 14, Indoor athletic facilities. (Added 9-15-93) 15. Tier III personal ireiess service facilities (reference 5,-1.40), (Added 10-13--04)' 0 -- .11-7-84' 1-1-87' 6-14-89; 6-1991; 6-10-92; 9-15-93; Ord. 03-18(1 ), 2-5-03; Ord, .. 20 23.2., 12-10 8 , > .04-18(2), 10-.13-04} 23.3 ADDITIONAL REQUIREMENTS to the requirements contained herein, the .requirements of. section ..0, commercial In addition q 2 1 . districts, generally, shall apply within all CO districts. ALBS A RLE CU Ul I T F CODE CHAPTER x 8 ZONING SECTION .24 HIGHWA1' CO1V MERCIAL -- HC Sections; -24,1 INTENT,' WHERE PERMITTED 24.2 PERMITTED USES .24:2.1 BY RIGHT .24.202 BY SPECIAL USE PERMIT .24113 MINIMUM FRONTAGE, SHAPE OF DISTRICT 24,4 ADDITIONAL REQUIREMENTS '24.1 IN'TEN'T, WHERE PERMITTED HC districts are hereby created and may. hereafter be established by amends n ent to the zoning .map to permit development of commercial establishments, other than shopping centers, primarily oriented to highway locations rather than to central business concentrations. It is intended that HC districts be established on major- highways within the urban area and communities in the comprehensive ' plan, It is further intended that -this district shall be for the purpose of limiting sprawling strip commercial development by providing sites with adequate frontage and depth to permit controlled access to public streets, .24.2 PERMITTED USES r .24,2.1 BY RIGHT The following uses shall be permitted in any HC district subject to the requirements and limitations of these regulations, The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character, and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34: 1. Automobile laundries. .2, 'Autornobile, truck repair shops. 3.' Automobile service stations (reference 5,1.20), 4, Building materials sales. 5. Churches, cemeteries. 6. Clubs, lodges, civic, -.fraternal, patriotic (reference 5.1.2), 7. Convenience. stores. 18-24-1 Zoning Supplement #49, 11-12-08 ALBEAYA RLE COUNTY COBE 8. Elducational, technical and trade schools. 9. Factory outlet sales - clothing and fabric. 10, reed and seed stores (reference 5,1.22). 11. Financial institutions. 12. Fire extinguisher and security products, sales and, service, 13. Fire and rescue squad stations (reference 5,1.09), -1 4 , Funeral homes, 15. Furniture stores. 16. Food and grocery stores including such specialty -shops as bakery, candy, milk dispensary -and - eine and cheese shops. 17. Hoene and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance: services. 18. Hardware. 19. (Repealed 6-3-81 } 20. Hotels, motels and inns. 21. Light warehousing. 22. Machinery and -equipment sales, service and rental. 23. Mobile home and trailer sales and service. 24. Modular. building -sales. 25. Motor vehicle sales, service and rental. 26. New automotive parts sales, 27. Newspaper publishing. 28. Administrative, business and professional offices. 29; Office and business machines sales and service. . 30, Eating establishment; fast food restaurants, 31. Retail nurseries, and greenhouses, 32. Sale of major recreational equipment and vehicles. - 33. Wayside stands - vegetables and agricultural produce (reference 5,1,19), .34. Wholesale distribution. 18-24-2 Zoning Supplement #49, 11-12-08 1JLBE, Af11I?LE COUNTY CODE 35. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated.by a public utility. eater distribution and sewerage collection lines, pumping stations and appurtenances owned and operated .by the Albemarle County Service Authority. Except as otherwise express])/ provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable lave (Amended 5-12-93) 36. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, .playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31,2.5); public water and sewer transmission, main of trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna water and Sewer Authority (reference 31.2.5; 5,1.12), (Amended 11-1-89) 37, Temporary con sth-uctioil uses (reference 5,1.18), 38, Indoor theaters, 39. Heating oil sales and distribution (reference 5,1,20), 40. Temporary nonresidential mobile homes (reference 5,.8), -(Added 3-5-86) 41, Uses permitted by right pursuant' to subsection 22.2.1 of section 22.1, commercial, C-1, (Added 6-19-91; Amended 9-9-92) 42. Indoor athletic facilities, (Added 9-15-93) 43, Farmers' market (reference 5.1.3 6), (Added 10-11-95) 44, Stormwater management facilities shown on an approved final site plan or subdivision plat, (Added 10-9-02) 45. Tier I and Tier 1:1 personal wireless service faci I iti es. (referen ce 5.1.40). (Added 10-13-04) 46, Storage yards, (Added 11-12-08) (§ 20-24.2.1) 12-10-80;.6-3-81; 3-5-86; 11-1-89;' 6-19-91; 9-9-92-,5-12-93; 9-15-93; 10-11-95; § 1.8-24.2,1, Ord, 98-A(l), 8-5-98; Ord,02-18.(6), .10-9-02; Ord. ,04-18(2), 1.0-1304; Ord. 08-18(6), 11 - 12-08) . .24.2.2 BY SPECIAL USE PERMIT The following uses shall be permitted by special use permit in the HC district; 1, Commercial recreation establishment including but not limited to amusement centers, bowling alleys, pool halls and dance halls, (Amended 1-1-83) 2, Septic tank sales and related service. 3. Livestock sales, 4, Veterinary office and- hospital (reference 5.1.1.1). 5, Drive-in theaters (reference 5.1,08). 6, Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro - 18 -24--3 Zoning Supplement #49, 11-12-08 AL f3 E11. ABLE COUNTY CODE wave and radio -wave transmission and relay towers, substations and appurtenances (reference 5.1.12). 7. Hospitals, nursing homes, convalescent homes (reference 5.1.13). 8. Auction houses, 9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4, 10, Commercial kennels - indoor only (reference 5, 1.11). (Added 1- 143) 11. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-03) 12. Drive-in windows serving, or associated with per117itted r.asCS. (Added 11-7-84; Amended 9-9- 9,)) 13. Wes permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than dornestic wastes. (Added 6-14--89) 14, warehouse facilities not permitted under section 24,2.1 (reference 9.0). (Added 6'19-9 1) 15. Animal shelter reference 5,1.1 1). (Added 6-16-99) 16. Tier 1r1 personal wireless service facilities (reference 5.1.40), (Added 10--13-04) (§ 20-24.2.2) 12-10-80; 1-1-83; 11 -7-84; 6-14-89;, 6-19-9 1; 9-9-92; § 18-24.2.2, Ord. 9 b -A(1)., 8-5-98-, Ord. 99-18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord, 04-18(2), 1043-04; Card. 08-18(6), 11-12-08) .24.3 MINIMUM FRON'TAGEy SHAPE OF DISTRICT Minimum frontage .required on a public street for the establishment of an HC district shall be one hundred and fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall not apply to HC districts -established at the adoption of the zoning map, -24,4 ADDITIONAL RE'QUIREME( NTS In addition to the requirements contained herein, the requirements of section 21,0, comrftercial districts, generally, shall •apply within all' HC districts. 18-24-4 Zoning Supplement #49,11-12-08