HomeMy WebLinkAboutZMA201700007 Proffers 2018-06-29 •
Original Proffers X
Amendment
PROFFER STATEMENT
ZMA Number: 2017-00007
Tax Map and Parcel Number:07700-00-00-02000
Owner: Franklin St. Land Trust II; Charles Wm Hurt& Shirley L Fisher,
Trustees
PO Box 8147 •
Charlottesville,VA 22906
•
Date of Proffer Signature:
7.52 Acres to be rezoned from LI to RA
Franklin St. Land Trust II, is the owner (the "Owner") of Tax Map and Parcel Number 07700-
00-00-02000 (the "Property") which is the subject of rezoning application ZMA No. 2017-
00007, a project known as "Hogwaller Farm" (the "Project").
Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle
County Code), the Owner hereby voluntarily proffers the conditions listed below which shall be
applied to the Property if it is rezoned to the requested zoning district, rural areas (RA). These
conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the
conditions are reasonable. Each signatory below signing on behalf of the Owner covenants and
warrants that itis an authorized signatory of the Owner for this Proffer Statement. •
1. SITE DEVELOPMENT: The property will be developed inugeneral accord with the
conceptual plan titled "TMP 07700-00-00-02000: Hogwaller Farm" dated 01-16-2018
and last revised 06-27-18, as determined by the Zoning Administrator. The property will
be developed to feature the major elements shown on the conceptual plan, which includes
an undisturbed riparian buffer and riparian buffer signage. The conceptual plan is
attached herein as Attachment A.
2. RIPARIAN BUFFER: An undisturbed riparian buffer area ("riparian buffer") managed
in accordance with the Albemarle County stream buffer protection regulations (County
Code § 17-600, et seq.) will be established and maintained for perpetuity, provided that
the area within the riparian buffer shall not be eligible for the "silvicultural activities"
exemption that is otherwise provided by County Code § 17-602(c) . The riparian buffer
will extend to 100' from the top of bank of Moore's Creek or to the limits of the
l
floodway, whichever is greater. A copy of County Code § 17-601 is attached herein as
Attachment B for reference purposes.
3. RIPARIAN BUFFER AREA DESIGNATION: Signage denoting the extent of the
riparian buffer along the property shall be installed by the property owner prior to the
commencement of uses/activities listed in Proffer #4 "Agricultural Uses." Signage shall
be maintained as long as the property is in operation with uses/activities stated in Proffer
#4. Signage will be maintained by the property owner at the time the signage is in need of
repair. The size, type of material(s), content, number, and locations of the signs shall be
approved by the Zoning Administrator and County Engineer.
4. AGRICULTURAL USES: The use of the property shall be restricted to the following
'by right uses pursuant to Section 10.2.1 of the Albemarle County Zoning Ordinance,
inclusive of modifications as shown in underline or strikethrough typeface:
• 3. Agriculture, forestry, and fishery uses, excluding livestock activity
involving swine or cows, and excluding agriculture, forestry, or fishery uses
within the designated "riparian buffer" area.
• 6. Water, sewer, energy, communications distribution facilities (reference
5.1.12).
• 7. Accessory uses and buildings including
storage buildings.
• ' 9. Public uses (reference 5.1.12).
• 21. Stormwater management facilities shown on an approved final site plan or
subdivision plat
• 27. Farm stands (reference 5.1.47).30. Events and activities at agricultural
operations authorized by right under section 5.1.58(d).
Additionally, the property may also be used for the following special uses pursuant to
Section 10.2.2 of the Zoning Ordinance, subject to the applicable requirements of the
Zoning Ordinance, provided that a special use permit is approved:
• 39. Hydroelectric power generation(reference 5.1.26).
OWNER:
Franklin St. Land Trust II
(to be si ed pon f al submissio of proffe statement)
By: Charles Wm Hurt
Title: Trustee
Tax Map and Parcel Number:07700-00-00-02000
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:
Franklin St. Land Trust II
By: `' - ✓%
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Al Lei ,,le , to wit:
The foregoing instrument was acknowledged before me.thisp�/' day of Ti 2018
by Dr. Charles Wm Hurt, Trustee of Franklin St. Land Trust II. •
My Commission expires: Sfcv�E. OR.)
Notary Public
STEPHEN M.MELTON
NOTARY PUBUC
REG.W02070
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JUNE 30,2021