HomeMy WebLinkAboutZMA201800014 Proffers 2019-05-101'� 1]�i�L1I1]l]�,rl�►(.`� CIS/\►III : 1 1►I 1
ZMA 2018-00014
Date: May 10, 2019
ZMA#: ZMA 2018-00014
Tax Map Parcel #: 07500-00-00-06300 (portion oD
Owner of Record: University of Virginia Foundation
15.21 acres to be rezoned from R-1 Residential ("R-1") to Highway Commercial ("HC").
The following property is subject to rezoning application ZMA 2018-00014 (the "Application") and
thus to this proffer statement: a portion of Tax Map Parcel 07500-00-00-06300 shown as "Proposed
Area of Rezoning 15.21 acres" on the Rezoning Boundary Exhibit, prepared by Roger W. Ray &
Assoc., Inc, dated October 18, 2018, last revised March 21, 2019, and attached hereto as Exhibit A (the
"Property"). The Applicant and owner of the Property is University of Virginia Foundation (the
"Owner").
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts
to approve the Application, as requested, the Owner and its successors and assigns shall develop the
Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia,
1950, as amended, and pursuant to Section 33.22 of the Albemarle County Zoning Ordinance. These
conditions are voluntarily proffered as part of the Application, and the Owner acknowledges that (1) the
rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable
relation to the rezoning requested.
In the event the Application is denied the proffers shall immediately be null and void and
of no further force or effect.
1. Development of the Property shall be in general accord with the plan entitled
"Rezoning Conceptual Plan" prepared by Elise Cruz and dated May 10, 2019, and attached hereto as
Exhibit B (the "Conceptual Plan"). The Owner reserves the right to develop the Property in phases.
2. Within the Property, only the following uses shall be permitted by right, subject
always to the express terms of this proffer statement:
a. Pursuant to subsection 24.2.1 of Section 24, HC Highway Commercial
zoning district, of the Albemarle County Zoning Ordinance, as those
regulations exist on the date of approval of ZMA 2018-00014, as set forth
below: Section 24.2.1 numbers 20, 35, 36, 37, 41, 44, and 45.
b. Pursuant to subsection 22.2.1 of Section 22, C-1 Commercial zoning
district, of the Albemarle County Zoning Ordinance, as those regulations
exist on the date of approval of ZMA 2018-00014, as set forth below:
Section 22.2.1 numbers b.17, b.18, b.19, b.26, and b.27.
The by -right uses of the Property that are permitted pursuant to sections 24.2.1 and 22.2.1
and pursuant to this Proffer Statement are shown below without strikethrough. Uses which will
not be permitted on the Property (subject always to the express terms of this proffer statement)
have been indicated by strikethrough.
The following uses shall be permitted in any HC 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.
1.
4.
Building materials
salea,
1
i
+•
_ ie•.iwWAwi:1T
15. Fumitwe Ams.
16. Feed LL11LL S1VVli1'' JLVl Vnineluding stieh speeialty shaps as bakery, eandy,
m
il
17. Reme andbusiness seMees sueh a9-gretmds ear-e, eleaning, x4e „te n,
18. u
19. O�epeale 6 3 811
20. Hotels, motels and inns.
21. Light w&-6asiiag.
22. .
23. Mobile home and trailer sales aad seMee.
24. .
25. Mote oWele sales, seMee na M +ni
26. .
2
27.
28. ,
29. .
30. Eafing establi fast feed its.
31. .
32. .
33. Waysidestands w ..d Z=eferenee 5.t.49T
34. .
35. Water, sewer, energy and communications distribution facilities.
36. Public uses (reference 5.1.12).
37. Temporary construction headquarters and temporary construction storage yards
(reference 5.1.18).
38. Indoor- flaeato...
39. . .
40.
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial,
C-1.
42. ladeoratWefie fi eili ies (Added 9 75 93)
43. l er-'s ffHrket(r-ferenee.' ,,''T T-, ).. (Added '-95).
44. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
45. Tier I and Tier II personal wireless services facilities (reference 5.1.40). (Added
10-13-04)
46. .
47. ; gross fleer- are
of theestablish-fflepA dees fiet exeeed 4,099 square feet per- site; ided thfft the
gross fleer- area ef the establishmei-A may e�Eeeed 4,000 squiffe feet per- site b
48. ; gross fleer- are
ef the establishment does ffet emeeed 4,000 square fiaet per- site5 pfe�Aded that the
givuu
oth .,. o o ed n ,Ann s e feet per- site b
iivvr^ o f establishment
49. ;
establishmefA dees not emeeed 4 .000 square feet per- site; provided dm4 the gross
50. Lll r V uuvugla windows
22.2.1 BY RIGHT
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. .
3.
4. Di-agstere, rh
5. lest.
6. ,
mi
7.
8. i stem.
9. Musieal ieW&uetAs.
10. .
11. G)Pfieal geed .
12. Phole lie goods,
13. V4sual and auffie applianees.
14. weeds.
15. .
16. .
17. ; gross fleer- are
7 9
7
000 square feet per- site by
18. ; gr-ess Geer- are
of the establishment dees net e�Eeeed 4,000 square feet per- site; pr-e�ded that Oh-e
000 square feet per- site by
19. DF tli gkm4 ad e Ws-(r-eAr-en . 1.6m r n v.a,ra a 3 2 i F)
b. The following services and public establishments:
1. Admk3istudve, pFefessional offiees.
2. Bar-ber, beauty sheps.
3. .
4. Clubs,
5.
S.
6.
7. €
oral homes.
8. Heakh-spas-:
9. Indo,,,.
theaters.
10.
.
11.
eperatiea)-.
12.
.
13.
,
9
14. Eagng estabiishfflefAs.
15. .
16.
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 5.1.2).
20. Dwellings (Teferen a r�).
21. (Repealed).
22. Autemabile,
23. Temporary d beild ags (r—efeferiee 5.8).
25. (Repealed
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)
Notwithstanding that the above-reterenced uses will not be permitted on the Property,
this proffer statement shall not be interpreted to prohibit uses accessory to a hotel, motel or inn,
or any other uses permitted as by -right per this proffer statement.
3. Prior to issuance of a certificate of occupancy for the Birdwood Mansion and
Grounds, the Owner shall submit for approval by the Zoning Administrator a current Event
Management Plan to provide adequate parking for the public during events at the Property, and
further designed to avoid or minimize public parking in adjacent and nearby residential areas
during such public events. Such a plan shall include a commitment by the Owner to provide
adequate event parking on the Property or the adjacent Boar's Head property with additional
access to the Property either by shuttle service or on foot, at the discretion of the Owner. Parking
may also be provided in other parking areas controlled by the Owner or its affiliated entities,
each in the discretion of the Owner given the expected attendance at each particular event. Such
a plan will also provide for the use of shuttle services as necessary given the size and nature of a
particular event, for the use of adequate signage directing the public to permitted parking areas,
and the use of appropriate personnel to direct the public to such permitted parking areas and to
discourage or prohibit public parking in adjacent and nearby residential areas.
4. The Owner agrees to conduct warrant analyses, and to provide a pro rata financial
contribution to fixture transportation improvements (as may be warranted), as established in
conditions of approval #8 and #9 in special use permit amendment SP201700032.
5. Prior to final site plan approval, the Owner shall obtain the approval from the
Zoning Administrator of a shared parking agreement with the owner of the adjacent Boar's Head
Resort parcels.
6. For all events at the Property involving amplified music, the Owner shall utilize a
house sound system that has a maximum sound level output of 85 dBA, measured at a distance
of fifty (50) feet from the speaker.
WITNESS the following duly authorized signature:
39112094 1
UNIVERSITY OF VIRGINIA FOUNDATION
By:
Printed Name: Try R me -
Title: 01!,.t7� 1FXf9CV-hVQ a66�
Date: -71 1 l 2a 19
6
Exhibit "A"
Rezoning Boundary
(attached)
Exhibit `B"
Rezoning Conceptual Plan
(attached)
39112094_1