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HomeMy WebLinkAboutZMA199500004 Approval - County 1996-06-05 • OF A1414,, . Ill 'P COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 June 14, 1996 Tim Rose Chief Operating Officer University of Virginia Real Estate Foundation P. O. Box 9023 Charlottesville,VA 22903 RE: ZMA-95-04-The University of Virginia Real Estate Foundation Dear Mr. Rose: The Albemarle County Board of Supervisors,at its meeting on June 14, 1996,approved,the above-noted request to rezone approximately 525 ac from RA,PD-IP,R-1 &LI to PD-IP and to amend sewer service boundaries of the Albemarle County Service Authority to include water and sewer for the North Fork Business Park. This request includes the following special use permits: SP-95-40-Laboratories,medical or pharmaceutical; SP-95-41 -Supporting commercial uses; SP-95-42-Hotels,motels& inns. ADOPTED the attached resolution approving ZMA-95-04 and the special use permits. If you should have any questions or comments regarding the above-noted action,please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/blb cc: Amelia McCulley Jo Higgins I:\GENERAL\SI IARE\BARBARA\ZMA95-04.AC T . RESOLUTION TO APPROVE ZMA-95-04 UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION Whereas, in accordance with Section 15.1-431 of the Code of Virginia and Section 33 of the Albemarle County Zoning Ordinance, a public hearing was advertised, adjoining property owners notified, and a hearing scheduled on ZMA 95-04, University of Virginia Real Estate Foundation, to consider the rezoning of approximately 525 acres from RA, PD-IP, R-I, and LI to PD-IP, as more particularly identified in the zoning application; and Whereas,this application and the attached proffers are consistent with the Comprehensive Plan, good zoning practices, and supported by the reasons set forth in the staff report. Now, Therefore, Be It Resolved that the Board of Supervisors of Albemarle County, Virginia hereby approves ZMA-95-04 with proffers, such proffers being dated March 21, 1996 and being attached hereto and made a part of this approval. BE IT FURTHER RESOLVED, that included within this approval is the approval of the following special use permits with the stated conditions: (A) SP-95-40 Laboratories, conditioned upon: 1. Compliance with Section 4.14 Performance Standards of the Zoning Ordinance; 2. Building location shall not be less than thirty (30) feet from the perimeter buffer areas to adjoining properties not located within the development. (B) SP-95-41 Supporting Commercial Uses, conditioned upon: 1. In addition to proffered limitation not to exceed five (5%) percent of total floor area, commercial uses shall not exceed ten (10%) percent of total floor area at any time during phased development. (C) SP-95-42 Hotels, Motels, Inns, conditioned upon: 1. Not more than one hotel, motel, or inn shall be permitted. Such hotel, motel, or inn shall not exceed two hundred fifty (250) lodging rooms. 2. Conference facilities (other than those as may be provided by individual occupants) shall not be required to locate internal to nor on the same site as the hotel/motel/inn, but total gross floor area of lodging and conference facilities shall not exceed 190,000 square feet. The time limit to commence the above special uses shall be extended for so long as the application plan for ZMA-95-04 remains valid. BE IT FURTHER RESOLVED, that there are no modifications pursuant to § 8.5.5 of the Albemarle County Zoning Ordinance, but the following findings are stated for purposes of clarification: 1. Uses and treatment of "open space" shall be as defined in and governed by the proffers. Since "open space" is not required for a Planned Development- Industrial Park and provision of open space is voluntarily proffered by the applicant, the open space areas shall not be governed by Section 4.7 of the Zoning Ordinance. 2. The approval of the special use permits with the extended time for commencing the uses shall not preclude the Board from revoking any special use permit for wilful noncompliance as set forth in Section 31.2.4.4 of the Albemarle County Zoning Ordinance. 3. The terms General Office, Light Industrial and Flex Industrial as set forth in UREF, Volume 1, Part IX of the zoning application shall, in addition to Zoning Ordinance definitions, guide the Zoning Administrator in use determinations. In the event of definitional conflict between the Zoning Ordinance and UREF descriptions, UREF descriptions shall apply. In such case in which more that fifty (50%) percent of the floor area for a Flex Industrial use is developed to office use, the entire floor area shall be deemed to be General Office. In such case in which less than fifty (50%) percent of the floor area for a Flex Industrial use is devoted to office use, the Page 2 of 3 entire floor area shall be deemed to be Light Industrial. This provision shall apply only for determination of maximum square footage by type of use. This provision shall not apply to calculation of parking requirements or other requirements of the Zoning Ordinance, nor to any requirements of the Uniform Statewide Building Code nor to any other ordinance or regulation related to type of usage of buildings and structures. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of 4 to 2 on June 5. 1996. Clerk, Board of County Sup 'sors ZMA9S-04 Page 3 of 3 .4.of AL,94, 6 Ail i R7 17RGIN‘P COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-58237L-9i -4 _ I 1 May 10, 1996 , ; a 3 #!L= Tim Rose Chief Operating Engineer University of Virginia Real Estate Foundation P. O. Box 9023 Charlottesville, VA 22903 RE: ZMA-95-04 University of Virginia Real Estate Foundation SP-95-40 Laboratories SP-95-41 Supporting Commercial Uses SP-95-42 Hotels, motels, inns Dear Mr. Rose: The Albemarle County Planning Commission, at its meeting on May 7, 1996,made the following recommendations to the Board of Supervisors regarding the above-noted petitions: I. ZMA-95-04 University of Virginia Real Estate Foundation- The motion to approve the rezoning and accept the applicant's proffers failed by a vote of 3-4. II. Should the Board choose to approve ZMA-95-04,the Planning Commission has offered the following recommendations regarding the accompanying special use permits. A. SP-95-40 Laboratories - Recommended approval subject to the following conditions: 1. Compliance with Section 4.14 Performance Standards of the Zoning Ordinance; 2. Building location shall not be less than thirty (30) feet from the perimeter buffer areas to adjoining properties not located within the development. B. SP-95-41 Supporting Commercial Uses -Recommended approval subject to the following conditions: 1. In addition to proffered limitation not to exceed five (5%)percent of total floor area, commercial uses shall not exceed ten(10%) of total floor area at any time during phased development. C. SP-95-42 Hotels, motels. inns-Recommended approval subject to the following conditions: 1. Not more than one hotel, motel, or inn shall be permitted. Such hotel, motel,inn shall not exceed two hundred fifty (250) lodging rooms. 2. Conference facilities (other than those as may be provided by individual occupants) shall not be required to locate internal to nor on the same site as the hotel/motel/inn,but total gross floor area of lodging and conference facilities shall not exceed 190,000 square feet. III. The planned development provisions permit the Board's action to "include specific modifications of PD [Planned Development] or general regulations as provided in Section 8.5.4 as recommended by the commission." (Section 8.5.5). In this case,the Planning Commission recommends the following modifications: a. Uses and treatment of"open space"shall be as defined in and governed by the proffers of this petition. Since"open space" is not required for a Planned Development-Industrial Park and provision of open space is voluntary by the applicant, the open space areas shall not be governed by Section 4.7 of the zoning ordinance. b. So long as this zoning petition remains in force, SP-95-40, SP-95-41, and SP-95- 42 shall not be subject to abandonment under Section 31.2.4.4 of the zoning ordinance. Nothing contained in the foregoing statement shall preclude the Board form revocation of any special use permit for wilful noncompliance as set forth in Section 31.2.4.4 of the zoning ordinance. c. As to special use permit approval as may be required under proffer 4.4, such review and any conditions imposed thereunder shall be limited solely to issuance of water usage. d. The terms General Office, Light Industrial and Flex Industrial as set forth in UREF, Volume 1, Part IX shall, in addition to zoning ordinance definitions, guide 'the Zoning Administrator in use determinations. In the event of definitional conflict between the zoning ordinance and UREF descriptions,UREF descriptions shall apply. In such case in which more than fifty (50%)percent of the floor area • for a Flex Industrial use is devoted to office use, the entire floor area shall be deemed to be General Office. In such case in which less than fifty(50%)percent of the floor are for a Flex Industrial use is devoted to office use,the entire floor area shall be deemed to be Light Industrial. This provision shall apply only for determination of compliance to the development schedule for determination of maximum square footage by type of use. This provision shall not apply to calculation of parking requirements or other requirements of the zoning ordinance,nor to any requirements of the Uniform Statewide Building Code nor to any other ordinance or regulation related to type of usage of buildings and structures. IV. While not included in its action, staff advised the Planning Commission that the letter of December 19, 1995 from UREF to the Lake Acres residents should be incorporated as a part of the official record to acknowledge that certain proffers are reflective of the content of that letter. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on Wednesday. June 5. 1996. 2:00 p.m.. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning - RSK/jcf cc: Ella Carey Amelia McCulley Jo Higgins r " 7 rr.2,• ivv� fir.... PROFFER STATEMENT UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION Final Version: March 21, 1996 PROFFER STATEMENT UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION REZONING APPLICATION: #ZMA-95-04 Final Version: March 21, 1996 University of Virginia Real Estate Foundation (the "Applicant"), through its wholly-owned subsidiary, UREF Research Park, Inc. is the fee simple owner of that ceftain property described in rezoning application #ZMA-95-04 as Tax Map Reference 32, Parcels 4B, 6A, 6, 18 and 19, less and except Parcels F-2 and B9.1 described herein (the "UREF Property"). MicroAire Surgical Instruments, Inc. is the fee simple owner of Parcel F-2, more particularly described on the attached Exhibit 1.1 (the "MicroAire Property"). Motion Control Industries, Inc. is the fee simple owner of Parcel B9.1, more particularly described on the attached Exhibit 1.1 (the "Motion Control Property"). The UREF Property, the MicroAire Property and Motion Control Property are referred to collectively as the "Property". Applicant, UREF Research Park, Inc., MicroAire Surgical Instruments, Inc. and Motion Control Industries, Inc. hereby voluntarily proffer that if the Property is rezoned by the Board of Supervisors of Albemarle County (the "Board") to the Planned Development Industrial Park ("PD- IP"), development of the Property shall be in accordance with the following proffers pursuant to Section 15.1-491.2:1 of the 1950 Code of Virginia, as amended (the "Code"), and applicable portions of the Albemarle County Zoning Ordinance (the "Ordinance"). If Applicant's Rezoning Application is denied, these proffers shall immediately be null and void and of no further force or effect. All of these proffers are offered voluntarily pursuant to the Ordinance and relevant sections of the Code. The proffers herein shall not be interpreted to authorize any person to apply lesser standards than those contained in any: (i) state statutory, regulatory or code minimum standards, or (ii) County ordinance or regulation, including the Ordinance, except as permitted by the regulations of the PD Zoning District. These proffers shall supersede all other proffers made prior hereto, including those proffers made by Applicant in ZMA-78-15. I. REZONING APPLICATION PLANS AND ILLUSTRATIONS 1.1 Plans and Illustrations. Applicant has presented, as part of its Rezoning Application, a number of conceptual plans and illustrations for various purposes, but principally to provide justification for the rezoning action which it seeks, and to illustrate the process through which the Applicant developed its proposal. Applicant's development of the Property (also referred to herein as the "Project") shall be in accordance with Applicant's Zoning Application Plan (the "Zoning Application Plan"), as provided in the Ordinance. Unless specifically referenced in these proffers, all plans and illustrations submitted as part of Applicant's rezoning application shall be deemed illustrative only, and such plans and illustrations shall not be deemed proffers. 1.2 Plan Exhibits. These proffers shall include the following plans, which (except for the Zoning Application Plan) are limited to the purpose for which they are referenced in a proffer: 1 • • Zoning Application Plan • Stormwater Management Plan, Exhibit 4.2 • Internal Road Network Plan, Exhibit 5.1 • Road Network Phasing Plan, Exhibit 5.3 • Open Space System Phasing Plan, Exhibit 6.1 II. OWNERS ASSOCIATION AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 Declaration. The Applicant shall prepare and place on the Property within six (6) months of the rezoning, a Declaration of Covenants, Conditions and Restrictions (the "Declaration"). The Declaration's purpose will be to facilitate the planning and development of the Property in a unified and consistent manner. The Declaration shall set forth covenants, conditions and restrictions for private enforcement only by owners within the Project. The clear intent of the Declaration will be that the County of Albemarle will have no rights or obligations to enforce such covenants, conditions and restrictions. The Declaration shall not be interpreted as authorizing any relaxation of state or Albemarle County regulatory or minimum code standards, except as allowed by the regulations of the PD Zoning District. 2.2 Design Standards. The Declaration shall impose design and architectural guidelines for each development area within the Property; the architectural and design standards for the respective development areas (the "Design Guidelines") will ensure high quality architectural and landscape design and a harmonious, well-balanced business community. 2.3 Fixed Standards. (a) The following elements of the Design Guidelines shall be referenced in the Declaration: (i) Types of materials to be used in construction of buildings; (ii) Required setbacks from properties adjacent to the Project, lot/building ratios, height restrictions; and (iii) Types of materials to be used and standards for landscaping. 2.4 Design Guidelines. The Design Guidelines also shall: (a) Provide the standards for development within the Project and explain how such standards are implemented; (b) Provide for creation of a Design Review Committee on which the Applicant shall have a permanent seat unless or until the University of Virginia occupies at least one seat. (The County of Albemarle will not participate on such Design Review 2 Committee. The Design Guidelines shall not be interpreted as supplanting any applicable design review by the County's Architectural Review Board); (c) Provide an outline of the procedures and contacts for approvals by the Design Review Committee in connection with design and construction within the Project; and (d) Include recommendations to users for water conservation techniques (such as low flow showers and toilets, water-conserving landscaping techniques, water reclamation, and water reuse). 2.5 Maintenance of Common Areas. The Declaration shall provide a mechanism for establishing and maintaining all common areas within the Project, including the following: (a) The Applicant shall either: i) organize a North Fork Owners Association or such other private, area or business associations as may be necessary to address specific area or business concerns of the Project (the "Organization(s)") as non-stock organizations under the laws of Virginia for the ownership, care and maintenance of all such lands and improvements owned or entrusted to such associations (the "Common Areas"); or ii) directly control such ownership, care and maintenance of Common Areas, unless or until a public body or a governmental agency assumes control and/or ownership of such Common Areas. (b) The Organization(s), if formed, shall be bound by the Declaration's covenants, conditions and restrictions running with the land. The Applicant or such Organization(s) shall be responsible for the perpetuation, maintenance and function of all Common Areas, including lands, uses and facilities located therein. (c) The Applicant or such Organization(s) shall provide a means for identifying Common Areas as to location, size, use and control in one or more restrictive covenants, and such covenants shall set forth the method of assessment for the maintenance of such Common Areas. The Declaration's method of identifying Common Areas shall not supersede any applicable requirements to identify common areas in a site development plan or plat. (d) The Declaration shall be in full force and effect for a period of not less than twenty-five (25) years and shall be automatically extended for successive periods of twenty-five (25) years unless terminated in a manner set forth in the Declaration. (e) If created, the Organization(s) shall continue in effect so as to control the availability of the facilities and land thereby provided and to maintain the Common Areas for their intended function. Such Organization(s) shall not be dissolved nor shall such Organization(s) dispose of any Common Area space, by sale or otherwise, except to successor organizations conceived and organized under the 3 same standards and principles set forth herein for the Organization(s) to own and maintain the Common Areas. III. DENSITY 3.1 Total Buildout. Total gross floor area within the Project shall not exceed 3,000,000 square feet, excluding recycling centers, picnic shelters, fire and emergency response station(s), office trailers for temporary use during construction of permanent structures, small (not to exceed 1500 gross floor area per building) storage buildings, and structures included as amenities within Common Areas (collectively, the "Excluded Areas"). In the first year of development of the Project, from the date of the County's approval of the Applicant's rezoning, (the "Initial Year") total gross floor area within the Project shall not exceed 500,000 square feet, (excluding the Excluded Areas and the total gross floor area either existing on the MicroAire Property, or as approved on the preliminary site plan for the Motion Control Property). After the Initial Year, the total gross floor area within the Project which may be constructed in any one year shall not exceed 200,000 square feet, plus any accumulated undeveloped square feet of gross floor area. For the purposes of this Section 3.1, accumulated undeveloped square feet of gross floor area shall mean the sum of any square feet of gross floor area allowed but not developed in the Initial Year and the square feet of gross floor area less than 200,000 square feet not developed in each subsequent year to that date. IV. STORMWATER MANAGEMENT AND WATER CONSERVATION 4.1 Flood Plain. The area of the 100-year flood plain within the Project shall remain undisturbed except for road crossings, public utility facilities and their crossings, and pedestrian and riding trails, and only to the extent such exceptions are permitted by County ordinances and regulations. 4.2 Stormwater Management Plan. The Applicant shall implement (as part of the site development plan approvals) an overall stormwater management plan for the Project, incorporating the applicable drainage sheds on the Property and in accordance with the Stormwater Management Plan, attached as Exhibit 4.2. Applicant's implementation of the Stormwater Management Plan shall include those modifications that comply with design and engineering standards necessary for approval by the County during the site development plan review process for Project development. 4.3 Wetlands. Wetlands, as defined by the Federal Manual for Identifying and Delineating Vegetated Wetlands, in effect on the date of these proffers, shall not be disturbed in the Project except for the installation and use of roads, permanent retention ponds, utilities and walking trails, or any other uses approved by the County after obtaining all necessary federal, state and local permits and approvals. 4.4 Water Conservation. No single industrial or commercial user which proposes a use that will require more than 125,000 gallons per day (average daily consumption) of potable water shall be constructed without obtaining County approval. The County shall consider whether to approve such a user through the same procedures as required in an application for special use permit (including the same notice requirements, public hearings, and Planning Commission review as in the process for considering a special use permit). The County's approval shall be limited solely to issues of water 4 • usage and must include a finding that sufficient capacity exists to support such a user. The County's approval may include reasonable conditions relating to water usage. V. TRANSPORTATION 5.1 Internal Road Network. Applicant shall provide vehicular access within the Project by an internal road network generally in the locations shown on the attached Exhibit 5.1, ("Internal Road Network"). Applicant shall design, construct, and install signs and signalization for the Internal Road Network in accordance with minimum standards of the Virginia Department of Transportation ("VDOT"), unless VDOT approves a lesser standard at Applicant's request. Applicant shall make the necessary modifications to previously constructed intersections to the extent that subsequent development of areas within the Project impacts such previously constructed intersections, including modification of the Internal Road Network design and signalization for such intersections. The exact location of roadways depicted on Exhibit 5.1 shall be subject to adjustment during the subdivision plat/site plan approval process. 5.2 Road Construction Standards. (a) All internal roads which serve an area submitted to the County for site plan approval, (and other Internal Road Network improvements which VDOT and the County reasonably determine are necessary for safe and convenient access to such area) shall be constructed or bonded for construction and dedicated for public use, for acceptance into the state highway system at the time of recordation of the final subdivision plat recordation for each applicable area or at the time of issuance of a certificate of occupancy for development under a site development plan. (b) Applicant shall construct the Internal Road Network in phases according to Exhibit 5.3. The proffer to construct roads to VDOT standards shall not require completion of construction of such roads, or segments thereof, before the issuance of the first certificates of occupancy for a building served by that road, or segment thereof, so long as adequate bonds are in place and so long as the Zoning Administrator determines that safe and convenient access to public roads is preserved in accordance with Section 31.2.3 of the Ordinance. Before issuance of certificates of occupancy, however Applicant shall complete that segment of road which serves the building for which a certificate of occupancy is sought with at least the base and one (1) layer of plant mix asphalt. The final layer of plant mix asphalt may be withheld until all sewer lines, water lines and other conduits have been placed under the pavement but will be completed to an approved VDOT pavement depth and design before the request for VDOT acceptance of the road. Applicant shall be responsible for the maintenance of the roads within the Internal Road Network until they have been accepted into the state system for maintenance. 5 5.3 Phases of Development. The following schedule shall apply for determining the timing of road improvements set forth in 5.4 below: PHASE I Land Use (1) Maximum Cumulative Build-out(2) Maximum Build-out to be accessed by Road A (all uses): 635,000 Support Commercial to 85,000(2) Maximum Build-out to be accessed by Rt. 606 (all uses): 345,000 General Office limited to: 120,000 Support Commercial limited to: 25,000 Maximum Total Build-out, Phase I (all uses) 980,000(3) PHASE II Maximum Cumulative Land Use (1) Build-out (2) General Office: 1,068,000 Support Commercial: 110,000 Hotel: 190,000 Maximum Total Build-out, Phase II (all uses) 1,568,000(3) PHASE III Maximum Cumulative Land Use (1) Build-out(2) General Office: 2,300,000 Support Commercial: 110,000 Hotel: 190,000 Maximum Total Build-out, Phase III (all uses) 3,000,000(3) 6 • (1) Note: The use categories in the charts above shall have the following definitions for the purposes of this Article V: "General Office" shall mean business and professional office uses as contemplated in the Zoning Application Plan and Zoning Application text. "Hotel" shall have the definition set forth in the Ordinance. "Support Commercial" shall mean those uses listed on the "Non-Residential Land Use Guidelines" Table, Village and Neighborhood Service Areas, Typical Primary Uses Section, in Section 9.0 of the Ordinance as well as the following uses: copy centers, florists, newsstands, pipe and tobacco shops, barber and beauty shops and tailor shops. (2) Note: Total gross floor area, in square feet. (3) Note: Nothing contained herein shall restrict Applicant from altering the mix of land use types within any Phase of development in accordance with the Project Zoning Application Plan. Applicant proffers that the total build-out of Hotel, General Office and Support Commercial use for any given Phase shall not exceed the gross floor area limitations shown in the charts above. 5.4 Proffered Road Improvements. Applicant shall design, construct and/or contribute for road improvements in phases. Road improvement proffers in this section 5.4 shall not include dedication of land unless expressly provided for herein. All construction by Applicant of offsite road improvements shall be conditioned upon the County or VDOT obtaining required right-of-way, (if such right-of-way is not owned in fee simple by Applicant), unless expressly provided herein. So long as Applicant is ready, willing and able to construct an improvement as provided in these proffers, even though the necessary right-of-way is not available, (and in the instances in which Applicant has proffered to acquire right-of-way, and the Applicant has made good faith efforts to acquire the land necessary for such right-of-way) Applicant shall not be precluded from developing the approved density build-out under the applicable zoning, unless the improvement is otherwise required by applicable regulations or ordinances. Unless an earlier time is required below, the road improvements described in this Section 5.4 for each applicable phase shall be completed or bonded, or contributed for (as set forth below), before constructing each phase's Maximum Total Build-out as set forth in 5.3 above. (a) Applicant shall satisfy the following Phase I road proffers;before the Maximum Total Build-out, Phase I (as shown in 5.3 above) is constructed or earlier if (i) specified in this 5.4 (a), or (ii) a need is created by such development and is demonstrated by a traffic study approved by VDOT. In general, the proffered Phase I road improvements shall be as described on Exhibit 5.3 attached hereto. Notwithstanding the foregoing, Applicant shall be permitted to construct beyond the Total Maximum Build-out, Phase I in advance of satisfying all Phase I road proffers, if a traffic study approved by VDOT demonstrates that the following intersections will function, with the proposed additional building construction, at a Level of Service "D" (LOS D) or better: (i) Route 649 and Road A, (ii) Route 606 and Quail Run, (iii) Route 606 and Route 649, and (iv) Road A and U.S. 29. (1) Applicant shall design and construct a northbound turn lane from Route 606 onto Quail Run for approximately 150 feet from the existing intersection. 7 (2) Applicant shall acquire (or reimburse the acquiring governmental entity for acquisition costs, if Applicant is unable to acquire) right of way for, design and construct two northbound left turn lanes on U.S. 29 at the intersection of Road A (North Fork Entrance) and U.S. 29. Applicant shall acquire (or reimburse the acquiring governmental entity for acquisition costs, if Applicant is unable to acquire) right of way for, design and construct a channelized southbound right turn lane on U.S. 29. The Road A exit shall include dedication, design and construction of two eastbound left turn lanes and two eastbound right turn lanes. The entrance at Road A also shall include dedication, design and construction of two westbound through lanes. (3) Applicant shall install, or pay for the installation of all traffic signals necessary for appropriate traffic control at the improved intersection at U.S. 29 and Road A no later than completion of the two northbound left turn lanes on U.S. 29 (referenced in proffer 5.4(a)(2) above). If an additional road is added to such intersection to satisfy needs of other development in the County however, Applicant's signalization requirement shall not include improvements serving such additional road. (4) Provided that all construction of the turn lanes is completed within 10 years from the date of final approval of this Application, Applicant shall contribute upon completion of two left turn lanes at the intersection of U.S. 29 and Route 649, the total sum of $78,718.00 (Applicant's "Contribution"). Notwithstanding the foregoing, the Applicant's Contribution may be used, at the County's discretion, to fund prior to completion of the project, a portion of the design and engineering costs in order to expedite the widening of Route 649 from two lanes to four lanes so long as Applicant is afforded the opportunity to participate in such design and engineering process. In the event that the Contribution, after it is received by the County, is not used, within 10 years either for construction of the turn lanes, or for the design and engineering costs for Route 649 widening, then the Contribution shall be returned to the Applicant, without interest. (b) Applicant shall satisfy the following Phase II road proffers before the Maximum Total Build-out, Phase II is constructed (but not before the Maximum Total Build- out, Phase I is constructed) (as set forth in 5.3 above) or earlier if (i) specified in this 5.4 (b), or (ii) a need is created by such development and is demonstrated by a traffic study approved by VDOT (provided however that if the site development plan review process does not otherwise require Applicant to supply a traffic study, Applicant will provide at least a traffic count upon the County's request for evidence that such need has not been created): (1) Applicant shall design, dedicate, and construct within the Project a two lane collector road extending from U.S. 29 to Route 649 through the North Fork Project within six months of the issuance of the first certificate of occupancy 8 for a building constructed after construction of the Maximum Total Build- out, Phase I (980,000 gross floor area). Applicant shall dedicate and widen to four lanes the two lane collector road extending from U.S. 29 to 649 when traffic volumes within the Project create the need for such widening. (2) Applicant shall design, dedicate and construct at the Route 649 entrance: two southbound left turn lanes on Road A, one southbound right turn lane on Road A, and two northbound through lanes on Road A. (3) Applicant shall construct at the intersection at Road A and Route 649: one westbound right turn lane on Route 649, and one eastbound left turn lane on Route 649. (4) Applicant shall design and install all traffic signals necessary for appropriate traffic control at the intersection of Route 649 and Road A as improved in satisfying these Phase II road proffers, but no later than when a need is created by the Project. (c) Construction of improvements may proceed up to the Maximum Total Build-out, Phase III described in 5.3 above if any one of the following conditions shall have been satisfied (but such conditions shall not be conditions for constructing the Maximum Total Build-out for Phases I and II): (1) Applicant shall design and construct (within existing right of way) the addition of a third southbound through lane on U.S. 29 from the entrance to North Fork at Road A to Route 649. In the alternative, if VDOT requires, and at the County's direction, Applicant shall contribute an amount equal to the design and construction costs which would otherwise be contributed by Applicant for an additional southbound through lane on U.S. 29 for the purpose of constructing of a grade separated interchange at the intersection of Route 29 and the entrance to North Fork. Nothing contained herein however shall be deemed to be a proffer by Applicant to construct such a grade separated interchange. (2) Before the issuance of the first certificate of occupancy for improvements in excess of the Total Maximum Build-out, Phase II, VDOT shall have approved funding for the design and construction of the widening of U.S. 29 to six through lanes between the entrance to North Fork at Road A to Route 649. (3) Construction may nevertheless continue in excess of the Total Maximum Build-out, Phase II (but in no event beyond the limitation contained in 3.1) without all the road improvements having been completed as contemplated in (1) and (2) above so long as Applicant can demonstrate to VDOT through traffic studies approved by VDOT that acceptable levels of service (LOS 9 "D", or better for U.S. 29 and Route 649 intersection) can be maintained with existing, or alternative improvements. (d) Applicant shall dedicate within its Project, an area necessary for construction of a grade separated interchange. The approximate location shall be as designated on Exhibit 5.3 as "Future Right of Way Area for Grade Separated Interchange." Applicant shall dedicate such area without consideration, and when the interchange is to be constructed. It is Applicant's desire to participate in the design for such interchange so that Applicant may preserve the aesthetic features of the Project's entrance. VI. RECREATIONAL AREAS AND OPEN SPACE 6.1 Developed Recreational Areas. Applicant shall develop active recreation and picnic areas as shown on the attached Open Space System Phasing Plan (Exhibit 6.1). Phasing of the Open Space System improvements shall follow the phasing schedule of proffered road improvements as set forth in 5.4 above. For example, those open space improvements described for Phase 1 on Exhibit 6.1 shall be completed before construction of the Maximum Total Build-out, Phase I, as set forth in 5.3. Such recreation areas, unless conveyed to the County, shall be maintained by the Applicant or an appropriate Organization for use by users within the Project. Applicant shall convey to the County, without consideration, the ball fields depicted on Exhibit 6.1. Active recreation areas will not be lighted with field or stadium lighting. 6.2 Open Space. Applicant shall restrict development of areas not shown as development parcels on the Open Space System Phasing Plan, subject to boundary adjustment once boundaries are established by plat (and the boundaries later shown on plats may be adjusted from those depicted on Exhibit 6.1). In no event will the total area of such undeveloped areas, including the Green Belt (defined in 6.3 below), Buffer areas (defined in 7.2 below), and recreation areas described in these Proffers be less than a total of 200 acres. These areas shall be for the use and enjoyment of the residents of the Project, subject to the restrictions imposed by the Declaration. Applicant may dedicate such undeveloped areas to the North Fork Owners Association or to an appropriate Organization. No structural improvements other than utilities, pedestrian and riding trails, and Common Area amenities shall be constructed in these areas. Applicant does not intend by this proffer to subject these areas to Section 4.7.3 of the Ordinance, if such areas are not currently governed by such ordinance. 6.3 Rivanna Green Belt. Applicant shall reserve a 100 foot wide area along the boundary of the Property and adjacent to the Rivanna River ("Green Belt"). No structural improvements (other than pedestrian and riding trails, and utilities) shall be constructed, or erected within the Green Belt without the consent of the County. Applicant may grant across the Green Belt utility easements, and access easements to the Rivanna River for the users within the Project and their guests, and may at its option, build pedestrian and riding trails or similar uses of the area. The Green Belt shall remain undeveloped except for pedestrian and riding trails and to the extent necessary to accommodate utilities crossings. At such time as the County decides to establish along the Rivanna River a public area or park within the Green Belt, and upon a request by the County, Applicant shall convey the Green Belt to the County without consideration, provided the uses allowed for utilities, and pedestrian and riding trails, etc. are reserved in the deed. The Green Belt may continue to be maintained by the Applicant, at its option. 10 6.4 Cemetery and Ice Pit Site. Applicant shall not disturb the existing family cemetery located approximately in the area as shown on the Open Space System Phasing Plan. Applicant shall complete within one year of these proffers, a preservation plan which incorporates the cemetery, ice house and former homestead site into the development of the Project. Once completed, the preservation plan shall be filed with the County to accompany these proffers. The preservation plan shall memorialize the historical significance of this site, consistent with the wishes of the family of those interred in the cemetery. The plan shall include a strategy for preserving these sites. The plan shall be implemented as the areas surrounding the sites are developed or as necessary in order to prevent further degradation of the sites from the date of these proffers. VII. LANDSCAPING AND BUFFERING 7.1 Landscaping. The Applicant shall landscape all Project roads in accordance with the standards contained in the "Exhibit D, UREF's North Fork Street Tree Master Plan", filed with the Albemarle County Planning Commission on November 1, 1994. Placement of trees and underground utilities shall be designed to avoid root interference with such utilities. 7.2 Buffer Areas. Applicant shall not disturb the Buffer Areas as depicted on the Zoning Application Plan, other than to: i) construct signage, fences or walls, ii) remove underbrush, or iii) plant landscaping trees for screening. Applicant shall plant additional landscaping in Buffer Areas as reasonably required for screening. Applicant shall plant durable trees on parcel B-7 (as identified on the Zoning Application Plan) prior to commencing construction of improvements on parcel B-7. The purpose of planting additional trees in this area will be to provide screening to adjoining residences. VIII. FIRE STATION 8.1 Fire Station. Applicant shall dedicate to the County, at County's request, up to a maximum of five acres for the purpose of construction by the County of a fire and emergency response facility; provided however, that Applicant shall not be required to dedicate such land until the County has included such a facility in its Capital Improvement Plan (CIP). The five acre parcel shall be located on Parcel D in the area designated on the Zoning Application Plan. This proffer may be satisfied by Applicant's acquiring and dedicating an alternative parcel of land located offsite that is acceptable to the County. So that the Project's design integrity, as contemplated in Applicant's Design Guidelines, may be maintained it is Applicant's desire that it be consulted on the exterior design of the fire station if it will located within the Project. Applicant shall contribute funds for, or provide directly through its own programs, hazardous materials training for County fire and emergency personnel. Applicant's contribution of funds shall be limited to funding for up to 2 sessions a year for 3 years, beginning with the completion of the County's fire station. 8.2 Hazardous Materials. No Hazardous materials, including medical wastes shall be disposed within the Project. 8.3 Disposition of Dedicated Property. In the event any of the property dedicated to the County pursuant to proffers 5.4(b)(1) and (2), 5.4(d), 6.1, 6.3, and 8.1 is not used for the purpose for which it is proffered, with such use being undertaken within twenty (20) years of receipt of the property by the County, then the property shall be used as open space. 11 • IX. PROJECT PROGRESS REPORT 9.1 Project Report. Applicant shall submit a report to the Department of Planning and Community Development, or its successor, every 3 years. The report shall outline the development activity in the Project over the applicable period. X. SIGNATORY 10.1 Certificate. The undersigned certifies that they are the only owners of the Property which is the subject of this application. 10.2 The Applicant. These proffers shall run with the Property and each reference to the "Applicant" within these proffers shall include within its meaning, and shall be binding upon, Applicant's successor(s) in interest and/or the developer(s) of the Property or any portion of the Property. UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION By: lZ Title: C\A\-e�� ���,, a ` �-e—� UREF RESEARCH PARK, INC. By: t ✓''`rk, 11 Title: �IAtt CAr^4-1',AS 'Q-C krce- 1 MOTION CONTROL INDUSTRIES, INC. By: Title: CROAIRE SURGICAL INSTRUMENTS, INC. BY: 11274-2,LA4,. 07796 r r Title: e S;cA.vj 12 it is proffered, with such use being undertaken within twenty (20) years of receipt of the property by the County, then the property shall be used as open space. IX. PROJECT PROGRESS REPORT 9.1 Project Report. Applicant shall submit a report to the Department of Planning and Community Development, or its successor, every 3 years. The report shall outline the development activity in the Project over the applicable period. X. SIGNATORY 10.1 Certificate. The undersigned certifies that they are the only owners of the Property which is the subject of this application. 10.2 The Applicant. These proffers shall run with the Property and each reference to the "Applicant" within these proffers shall include within its meaning, and shall be binding upon, Applicant's successor(s) in interest and/or the developer(s) of the Property or any portion of the Property. UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION By: Title: UREF RESEARCH PARK, INC. By: Title: MOTION CONTROL INDUSTRIES, INC. By: -� � z �� - _ Title: Li c`- MICROAIRE SURGICAL INSTRUMENTS, INC. By: Title: 12 STATE OF CITY/COUNTY OF GI The foregoing instrument was acknowledged before me this 1-1- day of Q. 0Q, 1996, by ( 1 M 12. 1205 04-0-47 the University of Virginia Real Estate Foundation on behalf of the Foundation. My commission expires: Oct- 60- [SEAL] Notary Public STATE OF \1 t r c c_ CITY/COUNTY OF i\\ L- _ The foregoing instrument was acknowledged before me this 4,44` day of Pr; / .,.4ac S4!'9 icA ( s� 5-€ru vt&(Lvtf5 C 1996, by Levin , on behalf of URrEF arch Park, Ine. My commission expires: -1 - 3 1- 91 GSr , [SEAL] Notary Publi 13 STATE OF r1 �•.9-c_.' 0,c..4,—, CITY/COUNTY OF Q,L LL wL The foregoing instrument was acknowledged before me this 4 day of Cam-l4--A--(--. - �- , � 1996, by I c,.w IG n ' IGos-e_ , 6244.4Ote..--e- CO. of the University of Virginia Real Estate Foundation on behalf of the Foundation. My commission expires: ©q — 30-6a j? i) U .. [SEAL] Notary Public y STATE OF F-9-1,- .1A----(---&-, 1 CITY/COUNTY OF 0_0,Le-u-e—v--e., The foregoing instrument was acknowledged before me this 4- day of Ct. )}-i,c. , 1996, by f- 4. 12 12-0-e, , on behalf of UREF Research Park, Inc. My commission expires: J Of — -J(.) - q ' Cr-VIL_,O.i-1-,-/- - [SEAL] Notary Public 14 STATE OF CITY/COUNTY OF The foregoing instrument was acknowledged before me this SA,- day of 1\_, 1 _ 1996, by SAL-. , on behalf of Motion Control Industries, Inc. My commission expires: ;-t dal 11 [SEAL] No rY Public DIANE M. GALVIN Notary Public, State of New York No 5008517 Qualified in Onondaga County Commission Expires February 22, 19-17 U•\2588\1995DOC\NORFRZCC.DOC 15 Page 1of1 FINAL 9:00 A.M. June S.1996 Room 241.County Office Building 1) Ca.to Order. 2) Pledge of Allegiance. 3) Moment of Silence 4) Other Matters Not Listed on the Agenda from the PUBLIC 5) Consent Agenda(on next sheet). 6) Approval of Minutes.March 22 and April 25 1995. 7) Transportabon Matters. at Discussion Naming of the Route 29 Western Bypass b) Other Transportation Matters. 8) 8 50 a m -Public Hearing on an agreement:o lease space to U.S.Cellula•at the County a Bucks Elbow Lowe' site. 9) 9.55 a m -Public Hearing to zonsider the conveyance of certain property designated as Lot 38A1. Block E, Senior One,'Woodbrc-ok Subdr:isron. lax Map 45C-1E38,to the County School Board of Albemarle County in order to accctnmcdate the proposed addition to Wbodbrook Elementary School. 10) 10 00 a.m.-Public Hearing on the discontinuance of State Route 782?Stribling Avenue). (Applicant requests deferral until July 3,1996.1 11) Work Session Comprehensive Plan(continued from May 1). 12) Presentation Legislative proposals to forward to VACo for inclusion in its 1997 Legislative Program 13) Executive Session Personnel Matters.Legal Matters and Property Disposition. 14) Certify Execueve Session 15) 2:00 p.m.-ZMA-9.544. The University of Veglnls Real Estate Foundation Petition to rezone approx 525 ac from RA,PD-IP,R-1 and U to PD-IP. The property is totaled S of the North f ork Rivanna River between Rt 29& Rt 005.TM32.P's 48,8.6A 19,19C. Rivenna Diet The site(n the Community of Wk./mead)is recom- mended for Indust-II Service by(he Co'ttprehendre Plan. This request also Includes the following special use permits. ...SP-95-40.Labcratones medical or pharmaceutical: . SP-95-41-Supporting corrrnereal uses. . SP-95-42.Hotels.rnctots,inns. 16) Request to amend the servico area boundaries of the Alper-ark County Service Authority to include water and sewer service for the North Fork Business Park. 171 Appointments 18i Omer Masers not Listed on the Agenda worn the BOARD. 191 4:00 pn.-Recess and_Reconvene 41E0=235. JGnt Meeting with Planning Commission. 1) Presentation from Mike Goitre,TJPDC re Regional Development Build-at 2) 'fork Session:Comprehensive Plan•Rura:Areas 201 Adjourn http://www.albemarle.org/weblink7/ImageDisplay.aspx?cache yes&sessionkey=WLlmage... 5/8/2007 Page 1 of I ♦ CONSENT AGENDA FOR APPROVAL 5.1 Appropriations a1 Parks and Recreabar Department,rermburse'rert tar funds expended during the 1995 flood - $8848 (Form P95074) bi Education Divisior,to disburse a donation,grant fords and reappropnate tho FY 1894-95 Summer School'tuition Fund Balance S20 247 en(Form*9407S). 5 2 Adopt Resolution of Aprec nation for rY 199E-97 Operating Budget. 5.3 Adopt Resolution to accept Cascade Ufrve in the Cascallos Subdivision Into the State Secondary System. 5.4 Claudius Crozet Park CIP Appropriation-RegJest to enter irto ar agreement with the Crczet Park Board regarding ronreasonai needs in the Crozet area 5.5 Approval of Prefundrng Opt on for Virg.nia Retirement System.(VRS)Cost-of-Living Adjustments(COLAs)and VRS Purchase of Service Credit Option FOR INFORMA_I ON. 5 6 Copy of Tentabve Constr eticn Fund Allocations for Fiscal Year 1966-97 for the Interstate Primary and Urban Highway System as well as Public Transit,Ports and Airports incixding an uodate of the Six Year Improvement Program for Fusee:Years 996-97 through 2001-20C2 e 7 Letter dated May 23. 19(16,frcrn K.E Lantz,Jr.Transportation Planning Engineer,to Charlotte Y Hiimpens, Chairman,re Route 29 Corridor Study 5 8 Letter dated May 15,1995 from J H.Shiflett,Jr,Maintenance Ope-ations Manager Department of Transporter ton,to Ella W.Carey.Clerk re:Roux 640 bridge dosing 5.9 Letter dated May 21 1995,addressed to Elsa W.Carey.Clerk,from J H.ShrMett Jr Maintenance Operations Manager,Department or Transportation,giving notice that Route 743 will be closed between Eartyevtile and Route 684 from Tuesday.May 28,through Friday,May 31, 1995 for repairs just south of Eertysvito Meadows 5 10 Report on trat h enforcement related to failure to obey rod tights,specthcaty on Route 29 5.11 Applications filed with State Corpo•anon Ccrunisslon a) Cox Fibemet Access Services, Inc.. and Cox Fibemet Commercial Services,Inc..for Certifcates of Public Convenience and NeceSeity to provide intrastate Teleccrwnunications Service b) Certal Telephone Company of Virginia to amend Its certificate of public convenience and necessity to provice interexchange telecommrnicatrcns services end to have its rates determined competiltveb- 5 12 Copy o'Planning Commission minutes for May i'. 1996 5 13 Copy of minutos of me Board of Directors tar the A oer,arte County Service A&.tncrity for April 18, 1996 5.14 Cnarlottesvill&.Albemarle Children and Youth GornmrssioNCorrmufity Policy.and Management Team,report on preliminary dscussron concerning a possible merger or reconfguratfon of these tic appointed planning and poincy- rnak.eg bodies for children and youth services 5 15 Neghbonceod Team Upoate including copy of new txocnure about linking residents and Cer.nty government 5.16 Copy o`letter dated May 17, 199E,from Marc Cnrstian Wagner.National Register Coordinator,Department of Htstir c Resources,re:Boyd Tavern,Albamarfs County. 5 17 Letter dated May 22,1996.from the Honemele.lay Katzen,House of Delegates.forwarding a copy or House Br!I 1211 t'Fresh Start-leg's'atIon; 5 18 Acne Design Technology Company's operating results frr 1995 year end and he first four months of 1996{m foie .I,e rio,k c/irrflrP•i http://www.albemarle.org/weblink7/ImageDi splay.aspx?cache=y es&sessionkey=WL Image... 5/8/2007 Page 1 of 1 C r J :d COUNTY OF ALBEM. Offce of&>are ei Super. iheure Y.ii.'ei.r 4-3 Mciuii.a•Rur:t °• (.hawk9tesii le.V-ynia 229( F rrwi R Marr"i,i. (8,i`296-5843 FAX MEMORANDI %,► - TO Robert W. Tucker,Jr., County Exec FHOM: Ella W. Carey, Clerk.dgOe---"" DATE: June 6, 1996 SUBJEC1: Board Actions of June 5, 1996 The following is a list of actions taken by the Board of Supervisors at its meeting on .tune 5, 1996: Agenda Item No. 1. The meeting was ral'ed to order at 901 a.m. by the; Chairman, Mrs. Humphns. Agenda Item No. 4. Other-Matters Nat Listed on the Agenda from the PUBLIC. There were none. Item 5.1a. Appropriation: Parks and Recreation Department, reimbursement for funds expended during the 1995 Flood - $8848, (Form 09b0/4). APPROVED. Original sent to Malvin Breeden. Item 5.1 b. Appropriation: Education Division, to disburse a donation, grant funds and 'eapprapriete the FY 1994 95 Summer School Turner)Fund Balance, $20,247.80(Form $950/5I. APPROVED. Original form sent to Melvin Breeden. Item 5.2. Adopt Resolution of Appropriation for the County's FY 1996_97 Operating Budget. ADOPTED as presented, We will riot distribute until Roxanne tells us what to do. Item 5.3. Adopt Resolution to accept Cuscade Drive in the Cascades Subdivision into the State Secondary System. ADOPTED. Original to Engineering. Pnntiid rtr,rnrt i-iod paper http://www.albemarle.org/webl i nk7/ImageDi spl ay.aspx?cache=yes&sessionkey=W L Image... 5/8/2007 Page 1 of 1 Hobert W. Tucker, Jr. Junc 8. 1996 !Page 21 Item 5.4. Claudius Crozet Park Capital Improvement Program (CIP) Appropriation Request to enter into an agreement with the Crozet Park Board regarding recreational needs in the Crozet area. AUTHORIZED the Chairman to enter into en agreement with the Crozet Perk Board to include the five areas listed below in exchange for an additional E50,000 appropriation toward the cost of the Crozet Park pool facility and associated site work: ill The County summer playground program will be able to continue at the park free of charge. (21 The summer playground program will be able to continue using the nark at a reduced rate. (3► Crozet Park will give free or reduced entry scholarships to families and individuals certified by the Albemarle County Department of Social Services using the same criteria used for free and reduced County perk passes. Initially, available scholar- ships will be limited to five percent of the total value of park memberships. As revenues allow, the Crozet Park Board will consider increasing available scholar- ships, (4) the County Parks and Recreation Department will be able to make use of the pool for activities which are not in conflict with regular pool hours, programs or mainte- nance. There will be no charge for this use except to cover any increased operating cots that are a result of these activities. It is understood that the Parks end Recreation Department does not have specific plans to make immediate use of the pool. A typical future use,for instance,may be a water aerobic class for senior citizens or a therapeutic recreation class. (51 Crozet Park will make land available to be developed by the Parks and Recreation Department to help meet the area need for additional athletic fields. Item 5.5 Approval of Prefunding Option for Virginia Retirement System IVRSI Cost-of- L wing Adjustments 1COI Aa1 and VRS Purchase of Service Credit Option. Accepted staff's recommendation to choose Option I and immediately prefued the COLAs in FY 1997-98, Approved Purchase of Service credit for potential County retirees. NOTE: Mr. Bowerman mentioned items on the Consent Agenda, and said that it was hard to find the paperwork in his folder when the items are not Individually numbered. Mr. Tucker said he would check to see it the items could be numbered In the future. Agenda Item No. 7B. Other Transportation Matters: Mrs. Huntphris returned to discussion of the letter from Mr. Lantz. After quite a lengthy discussion, motion was offered by Mrs. Thomas expressing the Board's interest in having our main corridor Moues 291 remain a corridor that is locally user-friendly rather than a corridor that facilitates interstate travel. the movement 01 largo vehicles down the center of Albemarle County http://www.albemarl e.org/weblink7/ImageDi splay.aspx?cache=yes&sessionkey=WLlmage... 5/8/2007 Page l of 1 Robert W. Tucker, Jr. June 6, 1996 (Page 31 Mr. Bowerman wanted to improve what needs to be improved with interchanges where they are absolutely needed, but limit development along Route 29 and the rest of the area to prevent these traffic situations from coming up in the future. Mrs Thomas did not want Route 29 to be turned into an expressway. Mrs. Humphns suggested that only those improvements necessary to maintain a proper traffic flow that would result in a better corridor be undertaken, along with the land use modifications. Mr. Bowerman bard this would be in the way of interchanges and spot improvements rather than building a limited access highway. This does not reopen the question of interchanges along Route 29 in Albeinarle's urban area. Mr Tucker said he understands what the Board members arc saying and will try to draft a resolution using that language. The staff will key in on the modified lurid use alternative because that is the alternative which addresses what each Board member said, as opposed to an express- way and some of the other alternatives. Mr- Cilimoerg said he will tell the Committee tomorrow that the Board of County Supervi- sors in Albemarle feels that what is necessary and proper for this community is to do those improvements for Route 29 that are necessary for it to serve its function as it exists, and to further investigate the modified land use approach which is a combination of local efforts it: planning and state enabling legislation in order to control access and how land use relates to the road. Mrs. Thomas said concern has been expressed not only by people who live right next to the road, as well as people quite a distance from the road. They are concerned about the kind of road the County may end up with,and the more attractive, the wider and the faster the speed, the more the road will impact on everything south of Culpeper WE WILL NEED THE LANGUAGE FOR THIS RESOLUTION WHEN IT IS ADOPTED. Agenda Item No. 7a. Discussion: Naming of the Route 29 Western Bypass. VOTED to turn responsibility over to the existing Route 29 Bypass Design Advisory Committee and request that they solicit public input and then make a report beck to the Board by September 1. 1996 There is a meeting in tw•a weeks of the committee so the information should be sent to '1arirul- Twaddell so she can put this item on the committee's tentative agenda. Agenda Item No. 8. Public Hearing on an agreement to lease space to U. S. Cellular at the County's Bucks Elbow tower site. AUTHORIZED the County Executive to enter into a lease agreement with U.S. Cellular Corporation under terms acceptab:e to the County(to pay the County for the leased tower space for a five year lease term;to share in an existing road maintenance agreement for access to the property;to repair or replace existing fence and gates. apply stuns to existing compound and drive as required,to upgrade too existing grounding system. replace an existing 40 toot pipe mount an the antenna with a 40-foot section or steel tower, relocate existing County antennas http://www.albemarle.org/weblink7/ImageDi splay.aspx?cache=yes&sessi onkey=WL Image... 5/8/2007 Page 1 of 1 • Robert W. Tucker, Jr. June 6, 1996 (Page 41 and microwave dishes on this section of antenna), at a rental rate of $500imonth. Agenda Item No. 9. Public Hearing to consider the conveyance of certain property designated as Lot 38A1, Block E, Section One, Wondhrnnk Subdivision. Tax Map 45C-1E38,to the County School Board of Albemarle County in order to accommodate the proposed addition to Woodtxook Elementury School. ADOPTED the attached resolution authorizing the conveyance or the property to the School Board according to terms and conditions set forth in the Deed. Agenda Item No. 10. Public Hearing on the discontinuance of State Route 782{Stribling Avenue'. At the request of the applicant, Mr. Turn!Archie representing Maury Flowers Shields, and Mr. Fran Lawrence, representing Mr. Granger. deferred this public hearing until September 4, 1996. Agenda Item No. 11. Work Session: Comprehensive Plan 'continued from May 11. DIRECTED staff to accept art application for a Comprehensive Plan Amendment from Faison and to schedule same for review at the appropriate time. ADOPTED revisions to the Land Uaa Plan - Development Area Profiles, Utilities, Transept tat'on and Land Use Map Rev,sions. as presented and with the changes discussed today, with no expensed growth areas_ A LIST OF THE CHANGES SUGGESTED WILL BE FORWARDED UNDER SEPARATE COVER. Agenda Item No. 12. Presentation: Legislative proposals to forward to VACo tot inclusion in its 1997 Legislative Program. RECEIVED. Mrs. Thomas mentioned I ID1513. She said the ACSA has a carefully worked out way to bill for new connections. This bill could tie us up in court for years and Bill Brent hes emphas zed that. Mrs ;homes sale she attenced a meeting yesterday about a GIS system. HB1007 would se:up state wive system. She asked it the County Planning staff was thinking about this bill. 04. Petition to rezone approx ec rem RA, PO-IP,R-1 and LI to PD-IP. The property rs S of the North Fork R'vanne River between Rt 29&Rt 606.TM32,P's 48,6,6A, 19.19C. Rivanns http://www.albem arle.org/webl ink?/ImageDispl ay.aspx?cache—yes&sessionkey=W L Image... 5/8/2007 Page 1 of 1 Robert W. Tucker,Jr. June 6, 1996 (Page 5) Dist. The site fin the Community of Ho!Iymeadi is recommended for Industrial Service by the Comprehensive Plan. This request also includes the following special use permits: ...SP-9b•40. Lacoretories, medical or pharmaceutical: .,.SP-95.41,Supporting commercial uses, ...SP-95-42, Hotels, motels,inns. ADOPTED the attached resolution approving ZMA-95-04 and the special permits. Agenda Item No. 16. Request to amend the service area boundaries of the Albemarle County Service Authority to include water! and sewer service for the North Fork Business Park. APPROVED amendment to the service area boundaries of the ACSA to include water and sewer service to the North Fork Business Park. Agenda Item No. 17. Appointments. APPOINTED William A. Finley, Jr., and Joseph T. Henley, III, to the. Piedmont Community College Board of Directors for a new four year term beginning July 1. 1996. APPOINTED John C. Lowry to the Industrial Development Authority as the Samuel Miller District representative for a term ending January 19, 7000. APPOINTED Thelma C. Whiting and Blanche R. Steppe to a new term on the Children and Youth Commission. Terms arid July 1, 1999. Non-Agenda. Mr. Bowerman asked if it is necessary to act en the inning text amendment that was adopted by the Planning Commission knowing it does nor apply to UREF. Staff to go forward and do an analysis and return report to the Board. Agenda Item No. 18. Other Matters Not Listed on the Agenda from the BOARD. Mrs. Thomas mentioned the comment in the Planning Commission minutes about "corn !punts fading in and out on the tape'. She asked that the recording system he checked again. Mrs. Humphris mentioned the letter from Dr. DiCroce inviting a representative from the Board to attend the Thomas Jefferson Partnership for Economic Development meeting. Mrs. Humphris will go and report back to the Board about the meeting. Agenda terr Na ?9 1 i. Pre=:en*a-ior frn.m Mike Collins. TJPDC. re: Hug,onal Develop- Arterit Buua-uui Received presentation. Mike to provide the Board end Commission with copy of nix presentation http://www.albem ail e.org/webl ink?/ImageDi splay.aspx?cache=yes&sessionkey=WLImage... 5/8/2007 Page 1 of 1 Robert W. Tucker, Jr. June 8, 1998 (Page 8) Agenda !tom No. 19(21. Work Session:Comprehensive Plan . Rural Areas. David Benish made a presentation. Consensus of the Board was to proceed with the study of an in-till development pOlicv, then evaluate concurrently expansion of the growth areas and the rural areas. Agenda Item No. 20. The meeting was adjcurned at 8:20 p.m. LEN.mms Attachments (51 co Richard E. Huff Roxanne White Jo Higgins Bruce Woodzell Richard Wood Amelia McCulley Jan Sprinkle Larry Davis Wayne Cilimberg Kevin Castner Ale http://www.albemarle.org/weblink7/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 5/8/2007 Page 1 of 1 • t . .tor. 5, :996 ,hsqular Day Mooting' 0001.60 (Page 39., ! their eight 'taario. ,catelttssa this summer. VACo has forwarded a decueent listing all of the legislation pawed in the 1996 session, as well as a list of all 'Tarry-over bills. Staff has no recomendatione for le ieleticn that would effort the entire state. which is what VACo is rayueotiny. If the Board wish... to Idsatify any legislative priorities, staff will prepare .unmariea for discussion at the June ll meeting. Mrs. Thomas said Mouse Bill I51, require. that water and sews. con...:- tien fees bear a sibetent ul relst inn en a:lecabia cost.. and it sound* rather innocent. In this comninity, the Ainanarl', county Service Authority, has s carefully worked out way of lnq coats to new connection•. This hill could tie the County up for year• In court. She thinks that Bill Brent is pow working cn that, but maybe this Beard could rae.phasiss that point. Mrs. 'hats said she was at a meeting yesterday on geograpnirel informs- ' I clon systems (GIB). It wee bated that Mouse Bill 1C07 is a proposal to set up a state-tilde GIB using mostly private money, and a Kate sutnorlty. :t is a way to get enmsthinq the state needs. and s1s thinks the County might. also tint IT eeefwl without putting an enornoas amount of state ,coney Into it. Mrs. Mumphria Kited that Mra. Thomas is now chairing the VACo Finance stwring Casmlttee, Mr. Nona, la ..rang on the Planning, Pub/lc Work. and Katmai Resowrcg■ Steering Committw, and she still serves en the Mealth and Human Services Steering Committee. so Albemarle County 1s well represented. There were no euggsatiors for legislation to be forwarded to VACo at this Lila•. Monde item Mo. 12. Executive Sessior. Personnel Netters, legal Matters and Property Ciapoiation. At 12.17 p.c., motion was ottarad by or. Marshall that the Board go into B..cotiea Session puravant to art,•, 2.I-1444a) of air ends Of Virginia under Bu.bseet ion ill to consider p■rsonnel .attars concerning appointments to boards and commisslo,s and ar administrative reviews under eutsection (3) to commune. scgulsit►on of property for public ues and this disposition of an interact in a specific public property. and under Subeeetion (71 to consult with legal couneel and staff regarding specific legal natter" relst.ng to reversion and specific legal matters relating to an Insurance contract. a.•. The motion was seconded uy Mr. Buw.srn. Poll was called, and the ( notion carried by the following recorded cote, AYIS. Mrs. Thome, Mr. Soverian, Mra. Manp*ria, Mr. Marshall, Sr. Martin and Mr. Perkins. MATS. hone. agenda Item Po. 14. Certify &locative Seselon. At 2.00 p.m., the Board reconvened into open amnion. Mot►es was immediately offered by Mr. rvsrrnaa, that the Board certify by a recorded vote that to the boat of oath Board wombat's iu,owlsdde only public manes" matters lawfully a...opted from the cpen tooting requirement■ of the Virginia ?voodoo of Information Act and identified In the notion authorizing the enecative seeeion were heard, liscweed or rtne,dered in the ssecutire seeelon. Tte eotirn wait a.esedad by ere. /homes. Poll was called, and the motion carried by the following recorded vote, AYES: Mrs. Thoaa., Mr. Bowerman, Mrs. MumpArls, Mr. Marshall, Mr. Martin and Mr. Perkin.. MAYS, Pone. of FL.;' Petit on o resere approa S et . PD-IF, an. - property Is located S of the Mirth Pork Rivanna i.rsr betw een Pt 29 s Pt PDS. roll, P'a 48,6,6A, 19,19C. Rivancs Dist. Yh. site Iln :he Cessninity cf mollyaead) ii recommended for Industrial Service by the Compre- hensive Plan. this request also includes the following special use permits. row 11P-9S-40, laboratories, medical Dr pharmae.uticsli SP-95-41, Supporting fosmsrcia: assist SP 95-52, Patel., motels, inns. 'Advertised in the Daily Progress on March 25 end April I, 1996.) No, RNler said the Board and Planning Commission held a joint public • hearing on this rezoning request in April. All materials slate that meeting, including the Coemisslon's r.comoendation, have boon forward to the Board. Tb. Commie..Sun. at its meeting or. may 7, 1916, took the following actions I. DIA-95-04 University of Virainie Deal Is'st. Foundation - The notion to approve the resnning and arc.pt the appll- ^sint•s proffers titled by ♦ vote of 1-6. Ili Shnuid the Board Choo.. to approve ZMA-95-0a, the Plannln.2 Cs,ivaion has offered tat following recommendations regard- ing the accompanying special use permits. http://www.albemarle.org/weblink7/ImageDisplay.aspx?cache=yes&sessionkey=WLlmage... 5/8/2007 Page 1 of 1 .tun. S. 1196 (Regular Day Ne*tin21 0001GI (gag. 101 A. $t-4i-40 Laboratories - Porome.ndod approval .object to the following conditions: 1. Compliance with Section 4.14 Performance Stan- dard. of the toning ordinance' 2. building location shall not be less than thirty 130) feet from the peri inter Wafter areas to ad•otning properties net :nested within the dew lrqmmnt. S. VP-SS-41 suv0ortin.CamnacClal QW - Recommended ^ approval subject to the following conditions: 1. in .dditLow to proft.r.d limitation net to en- read five 1St' percent of total floor area, cclan.rcial us.. shall not .erred ton 110%) et total floor area at any time during phased de- •hlop ent. C. 6p-et-42 Rotolo. motel.. tam - area moiled opor.,val euhleet to tn. following conditions' 1. Not more than one hotel, motel, or inn shall be psraitted. Such hotel, note:, inn shall not e mceed two hundred fifty 1lb0) lodging roams. 2. Conference facilities (other than them* as may be provided by individual occupants) shell not be required to locate internal to nor on the man. site es the hot.l(auteltlnn, but total grose floor ores of lodging and conference fa- cilities *hall not ewca.d 110.003 square rest. III. The planned development provisions permit the board's action to •include specific .odtlicatlons of PO (Planned develop- n one) or general regulations a. provided in Section S.h.4 se recommended by tA. cammi..lon.' ,Section S.f.11). to this Ca.*, the Planning Cammle.ton recommends the following modification.. a. Usee and treatment of 'open epee.' shall me a. defined w,. In and governed by the proffer. of thie petition. Since 'open space' is not required for ■ Planned Deve:optort - indu.trlol park end provision of open *moo ,a voluntary by the applicant, the open space area. shall not ha governed by Section 4.7 of the toning ordinance.b. So long as this zoning petition remain* in fore*, S P-9S-40, S►-9$-41. and SP-SS-42 shall not be subject to abandonment under Section 31.2.4.4 of the zoning ordinance. Nothing aontein 4 in the foregoing state- ment shall preclude the bard form revocation of any special use permit for wilful noncatpliance as mot forth in Section 31.2.4.4 of the toning ordinance. c. Is to special us* permit approval as may De required under proffer a,{, such review and any rend imposed th.r.urder shall be Limited solely to uwanre of water usage. d. Thit tor.. demos1 Office, Light Industrial zed flea Indoatrlal as met forth in ORS?, Volum* I, part IX shell, in addition to zoning ordinance dsf initlnns, guide the toning Administrator in us* detorminationm. In the *vent of definitional conflict between the zoning ordinance and ORR/ deScriptione, Obit descrip- tions *hall apply. In such case in which more than fifty (SOS) percent of the floor area for a Plea Industrial aim is devoted to attic.use, the entire floor area shall be dimmed to be denoral Otttoe. In such case in which lees than fifty (t01) percent of the floor are for a flow lndvstrlal use is devoted to office use, tho entire floor area shall be dossed to be Light rnOuatrial. This prevision sna11 apply only for determination of compliant.* to the development schedule for determination of maaLmom square footage by type of use. This provision shall not apply to calculation of perking requirements or other require- ments of the toning ordinate.. nor to any requirement* of the Uniform Statewide building Cod* nor to any othe. ordinance or regulation related to type of usage of b.::dingo and structures. 1 IV. While not included in it. action, staff etiolated the Planning Co..iSaion that the letter of Deremher 14, left from URN► to the Lake acres r.s/a.ntw *Weld be incorporated as a part of http://www.albemarle.org/weblink7/ImageDisplay.aspx?cache=yes&sessionkey=WLlmage... 5/8/2007 Page 1 of 1 June 5, 1995b *betray Day et► y 00 0162 (Page 31) the official record to acknowledge that certain proffarf aro reflective of the content of that letter. Mr. Resler said should the Word choose to approve *Mi-95-Od, the County Attorney has reworked the Commission's actions into the form of • re.olutloa. The only commit that staff has in that regard is that there were am* recommendations from the Commission that were postured as being modifications 1 of the Zoning regulations which are authorised uadsr the planned oevelopmmnt provisions. These are not actual sodifl but aro more clarifications to guide future staff, particularly the toning Adsini , In tern of making interpretations of the action. am Mr. eiliwbarq aid the Coanlssiun also adopted • resolution of incest to amend the toning ordinance that would apply to soon indatrial and commercial rnned uses. Mr. Marshall said he does not have any further comments. he has not changed position on this atoning. Me then offered motion to adapt the proposed A.eolstlon to Approve ZMA-95-Oa, University of Virginia Real Rotate rvundation. Mr. Martin •aeaaeed the motion. Mr. Marshall said ha feels the county has gotten all the proffers it is vino to got from the University. Ma thinks this le the best deal the County la going to get. M1s understanding from representatives of Ills University is that they are not wilting to Oaks any norm comafffons and that they will develop the 2.5 million square fest in the southern pert of that park, if the bard does not approve the retreat. Mr. Marshall said he would prefer the bard proceed with this prottsred plan. Mr. Martin said Board member* have reed all the minuts* of the Comle- •ion meetings and discussed this request many tiers. At this ties. he does not think there is any reason to go over the pros and the con. any further. Ms personally has considered all the pros and cons. and after reviewing them all, he is leaning more towards support of the proposal. In his opinion. several years ago. the University began working seriously with staff trying to incorporate their expectations. Using the Comprehensive Plan end toying Ordinanr... be thinks the University did • good job. Throughout the process aditionai proffer* have boon se atisted. Me thinks it would be an injustice to deny the ity after their good faith effort throughout the process and given the rules, regulations and expectations they have net. Ma strongly , 7supports this resoling rarest. Mrs. Thomas maid as thinks the impact of this project on the community has always been the issue. She agrees that there is an am•stag level of agrsa ant at this, time, but there still romans a large errieern, and that is rot bed treatment on the part of the County. This process started with • Cespreh naive Plan Amendment with a greet deal of concerns expressed by to roemunicy, but tn. Bard said it would deal with the concerns during the • ramming. the is not sure that was the right thing. as thinks the bard may have treated the University unfairly at that point in some ways, but it did Oaks a listing of thing* it wanted addressed in the rezoning application. tome issues wore dealt with more thoroughly than others. Since the Board cannot condition a rezoning, it has to watt for proffers to be developed ey the applicant. This is a artificial-kind of situation, but she can ea why it may have led the University to feat they had given and given and still the hoard was asking for more. It is because the Ward could never at dawn and have the kind of direct coneer.ation about what its concerns were and the best way to addrsse them. it cove to her the remaining major concern is the sudden impact on the County's totrastructure. A large influx of oktldrsn can ruin • couple of school years. t.srybody is concerned about reads, police and the budget. The bard does not want to has a sudden increase in these demands. The University has taken some step* to deal with those issues by having • phasing proposal. but it dues not realistically provide any limita- tions. The University he. been advised that it cannot Lagoa any real limita- tion or no one will comm. Mrs. Thomas *aid there la a regular in Boulder, Colorado which has limitations of the art that no one here le even drs•eing of and that city is so popular that they have filled up all of their applications until the year 1999 There is • lot the County can learn from the development of the Boulder eve park. the feels the Board owe* that to the community. The University may not f always own that property. This is a rearing that gorm with the property. therefore. the issue is not about • level of tryst of a particularly entity. Oho thinks the bard should defer this rezoning so that it can discuss how to reach a mutually sorsed upon goal which is to get a handle on how the Uni»r- sity an develop •n attractive park and have the chants that are isportant to the health community, Out also not knowing when there may be • large intlus of people to the eommwinity when there to no way They can be dealt with respeasi- bly, Mr. 11 said ha has ■One information about tale pork in Boulder which does not sesetly agree with Mrs. Towles commits. Mrs. Thomas said she talked to the planner who is in charge of nnnreaidamt►al development. Mr. Marshall said he talked to • person who manages • principal process nanaoeneet and relocation consultant firm in hoilder. The last paragraph of the letter tam this person states' 'It is useful to comment on a situation in boulder, Colorado that directly effects my clients and is similar to actions being http://www.albemarle.org/weblink7/ImageDisplay.aspx?cache=yes&sessionkey=WLlmage... 5/8/2007 Page 1 of l June 5. 1996 ;Aeoular Day ...ming) 000163 I (vage 321 • considered by Albw arse County. Boulder is • town with many of the some attributes •s Albwwarie County. It hee . waior university. attractive setting. proximity to a large metropolitan oree and • highly educated work force. A few pears ago Boulder implemented growth r Lotions which are now adversely •ffect..no local companies sy feting their ability to grow. Patently the Planning Board termed the decision to implement commercial growth restrictions a major mistake and a mayor headache to i.pl•ment.• Mrs. Thomas said commercial growth was put on bold because the City Lx,.inc l wanted to be able to respond to sore requests then trey are eble to respond. Mr Marshall said there are businesses that cannot grow end ere thinking sooty moving. Mrs. Thomas said their allotment system is not one Pn 1 that eh* thine anyone her. would want, but the eyet•.n effect. &aloting buss in the ease way it arfeate people who are axwing lath the area. Alb.m.rle'e cneprehenays Plan clearly support. eapansioni of Imitating bust- nooses. she is not saying Albemarle County should do what the City of boulder did be:aues she thick. they made some motor mistakes. The reason that situation is relevant Is becalm the question was raised that if there wee • ):.an linitirq development. would conpar.ies be willing to come to the area. It alone., ha. to be a Aypothatical question except Boulder has done it and Ise tar exceeded thole allotment., cowponies are waiting In line. Mr. Marshall cnrPinuad with the letter Which atatasi 'Based on more than 11 years •aperients in the relocation industry, he can confirm that a key decision-eaking factor for cowponies is whether or not a site will allow it to grow comfortable over time. As etch, any regwletions that would lend uncer- tainty to the ability to grow will significantly diminish a oleo's attractive- ness.' Mr. Marshall said he thinks the University le trying to keep that open so they do not loose a good company. Me does not want to put a company in the position of having to roue back to this Beard, it it nods to *impanel due to growth. Mrs. Thomas said oho ha• metric been in favor of amythang that reouir.s a company to come back before the Ovoid unless it has a very large addition. She thinks s limit like 150,000 square feet would still protect the community from • company bringing in its entire Chicago operation when they began as • two-person office. She deem not agree with patting stringent limitations in a company to keep it from growing. Sr. Martin said he does not sea this as • pro community vars.s a pro Dominoes decision. Most of the people he knows are in favor of the park and are in fever of what it will do. In hie opinion there comes a time when a tr decision hem to he mode, and not defer the lessmt any longer. !Ire. Muspirie said the key 11 Mr. Marssall's consents we• 'grow comfort- ably over tire. She thinks that is the key to Vila whole Leese. She supports the worth Pork Research Park. She wants :t to mucreedi however. the hang op ale ha. is the problem wit'i the cumulative number of square footage which presents the possibility of a sudden and large Cvret of grwth it, title community that air infraetruetorm and capital improvements Plan are not able to absorb. She thinks badiness.s and the public, in 0 1, agree this is something we would not like to happen because then It would *kill the gone. that laid the golden egg'. She la hearing from tte University that stark a thing absolutely would not happen. She is saying that County geverneer.t. because they have taken an oath to protect the public health, safety and welfare, has an obligation to this community to Insure that does not :Mapper,. Oiven all the public Input and information, she wonders why this Board cannot male some agreement to ►nowre the future of Albemarle County which la what this vote will do. This vote will deceiving the direction of Albemarle County for many years because it is • major decistom. Mrs. 'names setA thorn is no reason why • deferral should not be possible to slew the county and the University to work together on something that t• so close to being right. This has not been like &ay other issue. Everybody has put in a great deal of time and effort, end she does not think • final decision has to be mod. today. W. Martin said therm. comes a point where things have gotten as dioe, so they ten get end that is not necessarily bad. This may not be the time, bet waiting some more could .ewe everything to tall apart. Mr. Marshall said the University is • local entity. Me would rather put hie trust in the University then in someone else. Me thinks It is time tc make a decision rather then continuously putting it oft. Me knows the University will go ahead aid develop the perk if this Board does not spprcve • the resoning. The Board has an opportunity to allow the park to be developed in the beet way for the community. he wants good abs said affordable housing in this community, and we are nct going to get thee tt there is not somebody locally who cares and makes it happen. Tne elected otficiels cannot do it all and the Board needs to put its treat In other people. Me would prefer to trust the University with this plan rather than hove It go in another dirge- then. lie thinks this Board hes talked about this lama long enough. Mr. beerier said he thinks it has been • legitimate part of the omission of the University to try to augment sows of their educational services with something like they anticipate doing in the Borth fork Perk. Two examples are 1 Notion Control end MicroAir which are synergistic to the Bnginesnng School and to the hospital. Although he thinks many of the concerns that have been expressed are genuine, he does rot think the park is likely to attract the http://www.albemarle.org/weblink7/ImageDisplay.aspx?cache=yes&sessionkey=W L Image... 5/8/2007 Page 1 of 1 000164 June 4, 19Si 4NeTular Day Meeting} (Page 33) kind of industry that doss not fat in with the roe .:aity. Me thinks the University has mede • groat effort to deal with the concerns expressed by this Board, the genera: public and special interest groups to try to reach some morally •grasabls standards by which the community could operate. In him opinion the action talon by the Conmlaalon could have • bad affect on this type of project. The Commiselon's action could drive away some of the firm. that would be the. mast appropriate. to came here for fear of some of the hoope they have to go through. Me believes most fires have more than one location in mind when they ars looking to go somewhere. N. thinks thews are volt- limiting factors on the sise of an organization that the University want, to attract to (Pals loc•tinr. Me thinks the Ward could continuo to talk about this alma for month... me would agree to a deferral it he thought in another week or two an agreement regarding (imitation. could be met, but he does not b.l time there would no any wen. aewae.nt. Me across it is tine to decide) !Ulm issue and mow. forward. It ho thought the coning teat amendment could add .am.thing poeltive to this discussion, he would support it. No does not think the mooing test amendment can accomplish what people want it to do. Ns wishes the Board had more details of what is and is not acceptable to the Onivsrsity. Mr. Nowerman said his company has some Meekness dealings with the University in it. intr...lral department for equipment. No 'salved an opinion free the Commonwealth's Attorney that this to not • conflict of interest oven though it it in excess of $10,000. He b.11.ws he can keep the two itw separate and that the dalings In not influents his opinion on the application that is before th. Board. Na will vote on the issue. Mr. Perkins said the issue for his 1e that the University can do • lot with the original 225 acres. The Ward has TS percent of what it is asking. It makes seese to hie, although h. would like to aw more phasih; in on the whole project, to so,. forward. Mee. Thomas said if this motion had failed or tied, it wee hat intent to ' wove for r.coneideretioa and then move for deb Nor *on' vote was to have a dsf 1 because she thinks the bard and Vniversity could hay. vork.d cut ehnathins everyone could hove been proud of. we aro so close. There being no further torrents, roll was called and the 'Potion carried by the following recorded vote: I1 AIRS: Mr. Warman, Mr. Marshall. Mr. Martin and Mr. Perkins. NAYS: Mr.. Thom.. and Mrs. Nuaphria. RISOLUTIOM 10 App,ove lima-SS-Oa of*h*SI T OF VIRGINIA Wf.soars ream A?bon Mberese, in accordance with Section 15.1-421 of thee Code of Virginia and Section 23 of the Albemarle County boning ordaancs, • public hearing was advertised. Adjoining property ewn.ra noti- fied. and • hearing .ch.dulad on fMA 9S-04, University of Virginia Real Rotate Foundation, to consider the resoning of approximately 525 acres from RA, PO-IS, R-1, and LI to PO-IP, as more, particu- larly identified in th. 'Posing application; and • ralerees. this application and tan attached proffers aro competent with the Comprehensive plan. good sooting practices, and supported by tho reasons set forth in the staff report. Me., Thetofsre, Ss It Resolved that the Ward of Supervisors of Albemarle County, Virginia hereby approves lMA 93-04 with proffers. such proffer, being dated March 21, 1996 end being attached hereto and mods • pert of this approval. MO I? ,ONTse. NMOOLVR0. that ►hclud•d within this approval is tho approval of the following special use permits with. the stated cored : (Ai NY-9S-40 taboratg( 5p, conditioned upon: 1. Compliance with Portion 4.14 terforsance Stan- darda of the toning Ordinance, 2. building location shall not be 14100 than thirty (30) feet from the perimeter buffer areas to 1 adjoining properties not located within the development. AS) as-es-•t lummrtia rcia1 wow., conditioned upon. 1. In addition to proffered ltsitation not to vs- deed five (SS) cerasnt of total floor area, ooen.rclal ass shall not exceed ten 0011 per- cent of total floor area at any tie during pheeed development. iC) ip-94-41 1IteLa. Notsla. long. conditioned upor. I. Mot more than onm hotel, motel, or inn shall ha nacanddt two h.adredho f•ftyroIlt01 lodgingshAill not rooms. • http://www.albemarle.org/weblink7/ImageDisplay.aspx?cache---yes&sessionkey=W L Image... 5/8/2007 Page 1 of 1 J,n. 5, plus :moguls: Gay Meeting! 000165 (Fags ){) 2. Corf.rence facilities Lothar than those ■s nay be provided sy indlvlduel occupants) shall not 1 be required to lccate internal to nor on the lane ■ite ea thit hotel/motel/loc. but total gross floor area of lodging and conference fa- cillt:.s shall not emceed 19O.000 square feet. The time limit to comeore the above special uses shall be ..tended for so long as the appl.cation plan for ZNA-9S-0{ ,.is ms valid. Si IT PI1Ma7I* BB.7OLt1BD, that there are ne noditicatlnns r pursaan: to f B•5.5 of the Alb.marla County Zoning Ordi eancs, bus the followtoy findings are ■bated for purposeo of altos/f lest Ian, 1. Vsa. and tr.at.rnt of •open •lac.' shall be u d.hn.d it and gonsen.d by the profit,.. Since 'open .pat. is not r.qulc.d fir a Planned "e veloprent - Industrial Park and provision of open .pals is volwntarily iroft.r.d by the op pllrant, the open spare areas shall not be gov- erned by Sert_or. 4.7 of the Zoning nrdinancs. 2. Th. approval of the special use pere►te with rite ert.nded tine for commencing the awe shall not preclude the Board free revolting any special use permit for wilful noncoepllsnne as mat forth in Section 31.2.4.4 of the Albemarle county Boning Ordinance. 1. The terse Ot.eral off/re, Zipht IrdJ.trial end Ives fade.atrial as set forth in CAZT, Volume I. Part II of the toning application •hail, in addition to Zoning ordinance definition.. guide the Zoning Adwini or I,. use determinations. In the event of definitional conflict between the foiling Ordinance and Wier descriptions. USSr d..crlptloes shall apply. In such case in which note that fifty (SD%) percent of the floor area for • Flee Industrie: u.e ie developed to office use, the entire floor area shall be deemed to bemu Comoro! Office. In such case in which lee, than fifty iIOtt percent of the floor area for a Flo' Industrial uee is devoted to office use, the entire floor area shall no deemed to U. Light Indastrla:. This provision shell apply only for determination of was....e square footage by type of moo. Thle provision shall not apply to cal- culation of parking raqulr.merts or Other re- quirements of the Zoning Ordinance, nor to any requirameete of the Uniform Stet.wide Building Code nor to any other ordinance cr regulation r.lst.d to type of usage of buildings and struc- tures. Agande Item so. 16. Pegusst to amend the service area bunandertee of the Albemarle County Service Authority to include water and ewer service for the North Fork Basins• Pork :deferred from P.hruary 21, :9951. tAdv.rtised in the Daily Progress no February 5 and February 12. 1996.1 M.tiea was offered by Nr. bouersar. "weeded by Mr. Martin, to 'nand the ssrvlca area bounder!.• of the Albemarle County Service Putnorlty to Ineiuda vat., and .ewer s.rvlce to the North Fork Business Park. Poll was called and the motion by the fcllowing recorded vote: Aran: Mrs. Thomas. Mr. Bovetnar, Mr.. Huaghrls, Mr. Marshall. Mr. Martin end Mr. Perkins. MAre: gone. Agenda item Mo. 17. Appolnt.ant.. Mistime was offered by Mr. Perkins to reappnlnt W111tan A. Finley. Jr.. and Jos.pl. 7. Manley, 1I1, tO the Piedmont community [loll., Mn.rd of Direc- tors for mew four year terms beginning July 1. 199a. with said terms to expire on Jun. IC, 20O0. Mottos was offered by Mrs. Thomas to appoint M.. John C. Lowry to the Industrial Development Authority a. the Samuel Miller District rep r...nt.tiwr with said tern to "spare on January :9, 2D.0. Motion wig off.r.d by Mr. Martin, to reappoint Theist• a. Whiting and ■lancne e. steppe to a new tore on the Children and Youth oomoi..ton. with •aid tare to expire _n July 1. 199M. Mr. sow.rman a.cond.d the nxion.. Poll was called end the cotrrne carried by the fcliowing recorded vote: 1 1 http://www.albemarle.org/weblink7/ImageDisplay.aspx?cache--yes&sessionkey=WL Image... 5/8/2007