HomeMy WebLinkAboutZMA201900015 Proffers 2019-12-04Original Proffers X
Amendment
DRAFT PROFFER STATEMENT
ZMA Number and Name: 2019-000XX Our Neighborhood Child Development
Center, Inc.
Tax Map Parcel Numbers: 07800-00-00-058KO
Owner: James A. Dettor, Jr. and Peggy W. Dettor
Date of Proffer Signature: XX XX, 20XX
3.607 acres to be rezoned from R-1 Residential to C-1 Commercial
James A. Dettor and Peggy W. Dettor are the owners (the "Owners") of Tax Map Parcel 07800-
00-00-058KO ( the "Property") which is the subject of rezoning application ZMA No. 2019-
000XX, a project known as "Our Neighborhood Child Development Center" (the "project").
Our Neighborhood Child Development Center, a Virginia corporation, is the contract purchaser
of the property and has the Owners' authorization to file land use applications for the property.
Our Neighborhood Child Development Center is the applicant (the "applicant") for 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,C-1 Commercial. 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 it is an authorized signatory of the Owner for this Proffer Statement.
1. FUTURE USES: Commercial C-1: The use of the property shall allow for all by right uses
pursuant to Section 22.2.1 of the Albemarle County Zoning Ordinance, as in effect on
October 28, 2019, and as set forth on the attached exhibit of County Code § 18-22.2.1, except
for the following listed uses:
a. The following retail sales and service establishments:
• 22.2.1 (a) (3.) Department Store.
• 22.2.1(a)(17.) Laboratories/Research and Development/Experimental Testing; gross
floor areas of the establishment does not exceed 4,000 square feet per site; provided
that the gross floor area of the establishment may exceed 4,000 square feet per site by
special exception approved by the board of supervisors.
• 22.2.1 (a.) (19.) Drive -through windows
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b. The following services and public establishments:
• 22.2.1 (b.) (9.) Indoor theaters.
• 22.2.1 (b.) (10.) Laundries, dry cleaners.
• 22.2.1(b.) (22.) Automobile, truck repair shop excluding body shop.
c. If the use is served by either public water or an approved central water supply:
• 22.2.1(c.)(1.) Automobile service stations
• 22.2.1(c.)(2.) Convenience Stores
2. COMMERCIAL SETBACKS: Setbacks on the property shall comply with Section 4.20 of
the Albemarle County Zoning Ordinance, as in effect on October 28, 2019, and as set forth
on the attached exhibit of County Code § 4.20, except for the side and rear -minimum setback
if the abutting lot is zoned residential, rural areas, or the Monticello Historic district where no
portion of any structure, excluding signs, shall be located closer than 20 feet from the district
boundary.
(Signature Page Immediately Follows)
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WITNESS the following signatures:
OWNER:
Owner of Tax Map Parcels 07800-00-00-058K0:
JAMES A. DETTOR, JR. AND PEGGY W. DETTOR
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James A. Dettor Jr., Owner
Peggy W. Dettor, Owner
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Sec. 22.2.1 - By right.
Albemarle County, VA Code of Ordinances
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of this
chapter. 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.
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).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers' markets (reference 5.1.47).
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
19. Drive -through windows (reference 5.1.60). (Added 3-2-16)
b. The following services and public establishments:
1. Offices.
2. Barber, beauty shops.
3. Religious assembly use, cemeteries. (Amended 8-9-17)
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Albemarle County, VA Code of Ordinances
4. Clubs, lodges (reference 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 an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Child day centers (reference 5.1.06).
14. (Repealed 2-6-19)
15. Tailor, seamstress.
16. (Repealed 2-6-19)
17. Water, sewer, energy and communications distribution facilities.
18. Public uses (reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18).
20. Dwellings (reference 5.1.21).
21. (Repealed 4-3-13)
22. Automobile, truck repair shop excluding body shop.
23. Temporary industrialized buildings (reference 5_8).
24. Indoor athletic facilities.
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
c. If the use is served by either public water or an approved central water supply:
1. Automobile service stations (reference 5.1.20).
2. Convenience stores.
3. Restaurants.
d. Uses permitted by right in the Rural Areas (RA) district pursuant to section 10.2.1, provided that the use is
not served by either public water or an approved central water supply.
e. Any use listed in subsections 22.2.1(a)—(c) not served by either public water or an approved central
water supply, provided that: (i) the use is within a structure lawfully existing or vested on February 6,
2019; (ii) no external change on the property occurs other than maintenance or signage changes; and (iii)
the use is not subject to a special use permit issued under subsection 22.2.2(11).
(§ 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)_, 10-9-02; Ord. 04-18(2)_, 10-13-04;
Ord. 10-18(4)_, 5-5-10; Ord. 13-18(2)_, 4-3-13; Ord. 16-18(2)_, 3-2-16; Ord. 17-18(4)_, 8-9-17; Ord. 18-18(1)_, 1-10-18; Ord.
19-18(1)_, 2-6-19; Ord. 19-18(3)_, 6-5-19)
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Albemarle County, VA Code of Ordinances
Sec. 4.20 - Setbacks and stepbacks in conventional commercial and industrial districts.
Setbacks and stepbacks shall be provided as follows:
a. Conventional commercial districts. The following shall apply within the C-1, CO, and HC
districts:
Setbacks
Front -Minimum 10 feet from the right-of-way or the exterior edge of the
sidewalk if the sidewalk is outside of the right-of-way; for off-
street parking or loading spaces, 10 feet from any public
street right-of-way
Front -Maximum 30 feet from the right-of-way or the exterior edge of the
sidewalk if the sidewalk is outside of the right-of-way,
provided that this maximum setback shall not apply to any
structure existing on June 3, 2015 and to any structure
depicted on an approved final site plan that is valid on June 3,
2015 as having a front setback greater than 30 feet; none, on
any lot, including a corner lot, abutting a principal arterial
highway or interstate
Side and Rear -Minimum If the abutting lot is zoned residential, rural areas, or the
Monticello Historic district: (i) no portion of any structure,
excluding signs, shall be located closer than 50 feet from the
district boundary; and (ii) no off-street parking or loading
space shall be located closer than 20 feet to the district
boundary.
If the abutting lot is zoned commercial or industrial, any
primary structure shall be constructed and separated in
accordance with the current edition of the Building Code.
Side and Rear -Maximum I None
Stepbacks
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Albemarle County, VA Code of Ordinances
Front For each story that begins above 40 feet in height or for each
story above the third story, whichever is less, the minimum
stepback shall be 15 feet
Side and Rear None
1. The maximum front setback shall be increased to the depth necessary to avoid existing
utilities, significant existing vegetation, steep slopes, perennial and intermittent streams,
stream buffers, public spaces and public plazas shown as such on an approved site plan or
subdivision plat, to satisfy a condition of a certificate of appropriateness, and in
circumstances where there are multiple buildings on the same lot and prevailing
development patterns. On any parcel with multiple main buildings, at least one main building
shall meet the maximum setback.
2. The maximum front setback may be increased by special exception to accommodate low
impact design, unique parking or circulation plans, or a unique target market design.
3. Any minimum setback may be reduced by special exception.
4. The minimum 15-foot stepback may be reduced by special exception.
5. Notwithstanding section 4.6.3, the front setbacks in the districts subject to this subsection
shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is
outside of the right-of-way.
6. On any site subject to proffered conditions accepted in conjunction with a zoning map
amendment establishing minimum or maximum setbacks or stepbacks, the proffered
setbacks or stepbacks shall apply.
b. Conventional industrial districts. The following shall apply within the LI and HI districts:
Setbacks
Front -Minimum
10 feet from the right-of-way or the exterior edge of the
sidewalk if the sidewalk is outside of the right-of-way; for off-
street parking or loading spaces, 10 feet from any public
street right-of-way
Front -Maximum ' None
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Albemarle County, VA Code of Ordinances
Side and Rear -Minimum
Side and Rear -Maximum
Stepbacks
Front
Side and Rear
In the LI district, if the abutting lot is zoned residential, rural
areas, or the Monticello Historic district: (i) no portion of any
structure, excluding signs, shall be located closer than 50 feet
from the district boundary; and (ii) no portion of any off-
street parking space shall be located closer than 30 feet from
the district boundary.
In the HI district, if the abutting lot is zoned residential, rural
areas, or the Monticello Historic district: (i) no portion of any
structure, excluding signs, shall be located closer than 100
feet from the district boundary; and (ii) no portion of any off-
street parking space shall be located closer than 30 feet from
the district boundary.
If the abutting lot is zoned commercial or industrial, any
primary structure shall be constructed and separated in
accordance with the current edition of the Building Code.
None
For each story that begins above 40 feet in height or for each
story above the third story, whichever is less, the minimum
stepback shall be 15 feet
None
1. Any maximum front setback may be increased by special exception.
2. Any minimum setback may be reduced by special exception.
3. The minimum 15-foot stepback may be reduced by special exception.
4. Notwithstanding section 4.6.3, the front setbacks in the districts subject to this subsection
shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is
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Albemarle County, VA Code of Ordinances
outside of the right-of-way.
5. On any site subject to proffered conditions accepted in conjunction with a zoning map
amendment establishing minimum or maximum setbacks or stepbacks, the proffered
setbacks or stepbacks shall apply.
Figures
Figures 1 through 6 are for illustration purposes only. If there is a conflict or inconsistency
between a regulation in section 4.20 to which a Figure pertains and the Figure itself, the
regulation is controlling. In addition, Figures 1 through 6 merely illustrate specific requirements
and do not show all applicable requirements of the applicable district regulations.
Edge of
ROW or
sidewalk, if
outside of
ROW
Edge of
ROW or
Sidewalk, if
outside of
ROW
Figure 1
Conventional Commercial Districts
Abutting Non-residential Districts
' No maximum front setback along principal arterials
Figure 2
Conventional Commercial Districts
Abutting Residential or Rural Areas Districts
Rear 50'
Side 50"
No maximum front setback along principal arterials
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Albemarle County, VA Code of Ordinances
Figure 3
Edge of
ROW or
sidewalk, if
outside of
ROW
Edge of
ROW or
sidewalk, if
outside of
NOW
Conventional Industrial districts
Abutting Non-residential Districts
Rear and side
yards based on
building code
Front
10' min
Figure 4
Conventional Industrial Districts
Abutting Residential or Rural Areas Districts
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Albemarle County, VA Code of Ordinances
Figure 5
Conventional Commercial Districts,
Front Stepback (side view)
tionial
;k
40'1 3 stories, whichever is less
Front setback ROW
10' min
30' max [except along principal arterials}
Figure 6
Conventional Industrial Districts,
Front Stepback (side view)
nal
40'1 3 stories, whichever is less
-------------------
Front selhack
10' m in
( Ord. 15-18(4)_, 6-3-15; Ord. 16-18(1)_, 3-2-16; Ord. 17-18(4)_, 8-9-17)
State Law reference— Va. Code § 15.2-2280 .
ROW
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