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Home My WebLink AboutZMA201800005 Action Letter 2019-07-22 0!!.. .. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 July 22,2019 John C.Wright,P.E. Bohler Engineering VA LLC 28 Blackwell Park Lane, Suite 201 Warrenton VA 20186 RE: ZMA201800005 Proposed Hotel Dear Mr.John C.Wright, On June 19,2019,the Board of Supervisors took action on your Zoning Map Amendment Application on TMP 07800000006400 and 07800000006500 in the Rivanna Magisterial District. The Zoning Map Amendment Application was approved by the Board's adoption of the attached ordinance and proffer statement. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above,no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with the terms and details of the ZONING MAP AMENDMENT,inclusive of commitments that were handwritten onto the proffered Application Plan and corresponding "Exhibit 1"and signed by an authorized agent during the June 19 Board meeting; and • approval of and compliance with a SITE PLAN;and • approval of a ZONING COMPLIANCE CLEARANCE. If you have questions regarding the above-noted action,please contact Rebecca Ragsdale at 296-5832. Sincerel , .......r Alke Pootitt.ix3.____________ Tim Padal' AICP Senior Planner Planning Cc: Kimco,LC 1510 E High Street Charlottesville VA 22901 Mike Sweeney PT Hotel LLC 200 Ware Bottom Spring Rd Chester VA 22836 File ZMA201800005 Attachments Ordinance and Proffer Statement / ORDINANCE NO.19-A(5) ZMA 2018-00005 AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX MAP PARCELS 07800-00-00-06400 and 07800-00-00-06500 WHEREAS,the application to amend the zoning map for Tax Map Parcel 07800-00-00-06400 and 07800- 00-00-06500 is identified as ZMA 2018-00005,Proposed Hotel("ZMA 2018-00005");and WHEREAS,ZMA 2018-00005 is a request for approval of an Application Plan pursuant to County Code§ 18-8.5.5.5a for the two Tax Map Parcels identified above,which are within a previously-established Planned District Mixed Commercial(PD-MC)planned development district and for which an application plan was not previously approved, in conjunction with the proposed development of a 109-room hotel;and WHEREAS,on May 28,2019,after a duly noticed public hearing,the Planning Commission recommended approval of ZMA 2018-00005;and WHEREAS,on June 19,2019,the Albemarle County Board of Supervisors held a duly noticed public hearing on ZMA 2018-00005. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle,Virginia,that upon consideration of the transmittal summary and staff report prepared for ZMA 2018-00005 and their attachments, including the proffers and the application plan,the information presented at the public hearing,the material and relevant factors in Virginia Code§ 15.2-2284 and County Code §§ 18-8.5.5.5.a, 18-24.2.1(2), 18-25A.2.1(1),and 18-33.27(B),and for the purposes of public necessity,convenience,general welfare and good zoning practices,the Board hereby approves ZMA 2018-00005 with the proffers dated June 4,2019,and the application plan entitled "Zoning Map Amendment 2018-00005 for PT Hotel,LLC,"prepared by Bohler Engineering,dated April 15,2019. I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true,correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of six to zero,as recorded below,at a meeting held on June 19,2019. Clerk,Board of County Su • isors Aye Nay Mr. Dill Y Mr.Gallaway Y Ms.Mallek Y Ms. McKeel Y Ms.Palmer Y Mr. Randolph Y Pantops Hotel—State Farm Boulevard ZMA 2018-00005 PROFFFRSTATFMFNT Date: June 4,2019 ZMA#: ZMA 2018-00005 Tax Map Parcel #: 07800-00-00-06400 and 07800-00-00-06500 Owner of Record: Kimco,LC Approximately 4.42 acres to be rezoned from Planned Development Mixed-Commercial("PD-MC") to PD-MC with an Application Plan. The following parcels are subject to rezoning application ZMA 2018-00005(the"Application")and thus to this proffer statement:Tax Map Parcels 07800-00-00-06400 and 07800-00-00-06500(the "Property"). The Owner of the Property is Kimco,LC(the"Owner"). The Applicant and contract purchaser of the Property is PT Hotel,LLC. 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 15.2-2203 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"Zoning Map Amendment 2018-00005 for PT Hotel,LLC"prepared by Bohler Engineering,dated June 18, 2018,last revised April 15,2019(the"Application Plan"). 2. The Owner shall reserve the area shown as"Proposed Easement for Future Park(2.0 Acres +/-)"on Sheet 3 of the Application Plan (the"Reserved Land") for future dedication for public use for a public park and/or a connection to any future park to be constructed on a parcel or parcels adjacent to the Property. Upon the written request of the County, the Owner shall dedicate in fee simple to the County the Reserved Land to permit the construction by the County of public access trails or other pedestrian connections from the Reserved Land to the future park. Such dedication shall occur after final site plan approval, after issuance of Certificate of Occupancy for the proposed hotel use on the Property,and after delivery by the County to the Owner of a written request for such dedication (the "Dedication Request Notice"). The dedication shall be completed within six(6)months after delivery of the Dedication Request Notice. The Reserved Land shall be dedicated by 1 subdivision plat,and the Owner shall be responsible for the cost of a survey and preparing the deed to convey the Reserved Land to the County. Witness the following signature: KIMCO,LC, a Virginia limited liability company Printed Name: p,V boa- 14. l 'oSNeie..- Title: ayc, e,v OGIi/�eOL�� </ SHARON ENGLE NOTARY PUBLIC Common,u^alth of Virginia Reg 1265730 My Commission Expires I 31 A D ) 10 I 11 37205047_6 2