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HomeMy WebLinkAboutZMA201800002 Approval - County 2019-10-04COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 972-4126 October 4, 2019 Justin Shimp 912 E High Street Charlottesville VA 22902 RE: ZMA201800002 Hansen Road Office Dear Mr. Shimp, On September 4, 2019 the Board of Supervisors took action on your Zoning Map Amendment on Tax Map Parcel Number 078000000073AB in the Rivanna District. The Zoning Map Amendment permit was approved by the Board's adoption of the attached Ordinance and Proffer. 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 conditions of the ZONING MAP AMENDMENT approval of and compliance with a SITE PLAN amendment; and approval of a ZONING COMPLIANCE CLEARANCE. If you have questions regarding the above -noted action, please contact Rebecca Ragsdale at 296-5832. Sincerely, � Francis Ma all Principal Planner Zoning Division Cc. Point Church 1428 Greenbrier PI Charlottesville VA 22901 Ordinance & Proffer. ORDINANCE NO. 19-A(16) ZMA 2018-00002 AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX PARCEL 07800-00-00-073AB WHEREAS, the application to amend the application plan that was approved in conjunction with ZMA 2002-00008 for Tax Parcel 07800-00-00-073AB is identified as ZMA 2018-00002, Hansen Road Office ("ZMA 2018-00002"); and WHEREAS, ZMA 2018-00002 proposes to amend the application plan to increase the building area from 20,000 square feet to 55,000 square feet; and WHEREAS, on June 25, 2019, after a duly noticed public hearing, the Planning Commission recommended approval of ZMA 2018-00002; and WHEREAS, on September 4, 2019, the Albemarle County Board of Supervisors held a duly noticed public hearing on ZMA 2018-00002. 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 2018-00002 and their attachments, including the modified application plan and the proffer, the information presented at the public hearings, the material and relevant factors in Virginia Code § 15.2-2284 and County Code §§ 18- 25A.2.1(1), 18-33. l 5(A)2, and 18-33.27(B), and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board hereby approves ZMA 2018-00002 with the proffer dated August 23, 2019, and the modified application plan entitled "PDMC Rezoning Plan For Hansen Road Office ZMA 2018-00002," prepared by Shimp Engineering, dated February 20, 2018, revised July 12, 2019, as to the square footage set forth above, with all other aspects of the previously approved Application Plans and modifications and requirements reflected in the approval letters dated October 28, 1998 and January 25, 2003. 1, 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 September 4, 2019. �& / Clerk, Board of County Supervi Ave Nay Mr. Dill Y Mr. Gallaway Y Ms. Mallek Y _ Ms. McKeel Y_ _ Ms. Palmer Y_ Mr. Randolph Y Original Proffers X Amendment PROFFER STATEMENT ZMA Number: 2018-00002 Tax Map and Parcel Number: 07800-00-00-073AB Owner: Point Church 1428 Greenbrier Place Charlottesville, VA 22901 Date of Proffer Signature: ft1A U* 2-31 Z.0I° A request to amend item (B) of ZMA-2002-00008, a modification of ZMA-1998-00020, to allow for 55, 000 sq ft of gross square footage in the area designated as "Office Space 95 — 45, 000 SQ FT" in the application plan for ZMA 98-20 The Point Church, is the owner (the "Owner") of Tax Map and Parcel Number 07800-00-00- 073AB (the "Property") which is the subject of rezoning application ZMA 2018-00002, a project known as "Hansen Road Office" (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 ZMA 2018-00002 is approved. 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 they are an authorized signatory of the Owner for this Proffer Statement. 1. PEDESTRIAN PATH: The existing asphalt path adjacent to Rolkin Road along the southwestern border of the property shall be improved to Class A — type 1 low - maintenance pedestrian path standards as stated in Section 7 (H) of the Albemarle County Design Standards Manual, last updated on April 27, 2015, with the exception of minimum width which shall be a minimum six (6) foot surface (the "improvements"). These improvements shall be made prior to issuance of certificate of occupancy for any building constructed that contains additional square footage approved as a result of ZMA 2018-0002. • a Dedication of Easement: Upon completion of pedestrian path improvements, the property Owner shall dedicate a non-exclusive easement on and across the pedestrian path for public use. This easement shall be no greater than six (6) feet in width. (b) Maintenance: The property Owner shall maintain the path improvements to remain in accordance with Class A — type 1 low -maintenance pedestrian path standards as stated in Section 7 (H) of the Design Standards Manual, with the exception of minimum width which shall be a minimum six foot (6') surface. The property Owner shall keep the pedestrian path clear of obstructions, except during severe temporary weather events. 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: The Point Church By: CLkZLL • • M• UMMU WMI-AU�HU� CITY/COUNTY OT to wit: The foregoing instrument was acknowledged before me this �d y of &Myjk77 2019 by The Point Church. My Commission expires: .4L� :RE I I 7723819 - ',MY M, EXPIRES- .......... gRIY IOO'v,\"