HomeMy WebLinkAboutCPA201800006 Action Letter 2023-01-24pF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
February 16, 2006
Fred Missel
P.O. Box 400218
Charlottesville, VA 22904
6
RE:
Tax Map 32 Parcel 18 (portion) and Tax Map 32 Parcel 6A
Dear Mr. Missel:
The Board of Supervisors approved your rezoning application on February 8, 2006. Your
rezoning of 1.16 acres from RA - Rural Areas to PDIP (with proffers) - Planned Development
Industrial Park, and your rezoning of 477.67 acres from PDIP to PDIP (with amended proffers)
were approved in accordance with the attached proffers dated February 8, 2006. An amended
application plan dated January 26, 2006 was approved as part of the rezoning. Please refer to
these documents for any future applications and requests on this property.
Please be advised that although the Albemarle County Board of Supervisors took action
on the project noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
• compliance with applicable PROFFERS;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Gerald Gatcbu or Louise Wyatt at 296-5832.
Sincerely,
V. Waynelltilimb
Director of Plann
Cc: University Of Virginia Foundation
Amelia McCulley
Tex Weaver
Chuck Proctor
Steve Allshouse
Gerald Gatobu
Louise Wyatt
Sarah Baldwin
Bruce Woodzell (Real Estate)
L @-��\1u.v-sf t\4e'n ' C-ntv)
PROFFER FORM
Date: February 8, 2006
Original Proffer _
Amended Proffer X_
(Amendment# 1)
ZMA # 2005-002, including an Amended Application Plan entitled, "Application Plan
Amendment to ZMA 95-04 Parcel D Enlargement showing Area for County Fire Station 12."
(the "Application Plan Amendment") prepared by DJG, Inc., dated January 26, 2006.
Tax Map and Parcel Number(s) 03200-00-00-01800 (1.16 acre portion) and 03200-00-00-006AO
1.16 Acres to be rezoned from RA to PD-iP
477.67 Acres to be rezoned from PD-MC to PD-IP
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied
to the property, if rezoned. These conditions are proffered as a part of the requested rezoning
and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such
conditions have a reasonable relation to the rezoning request.
Within the property to be rezoned, these proffers amend Proffers 7.2 and 8.1 accepted by the
Albemarle County Board of Supervisors as part of Zoning Map Amendment 95-04 (Proffer
Statement, University of Virginia Real Estate Foundation, Final Version: March 21, 1996) (the
"Original Proffers") and add Proffers 8.4, 8.5 and 8.6. All other Original Proffers shall apply
within the property to be rezoned:
7.2 Buffer Areas. Except as provided herein for Parcel D identified on the Zoning
Application Plan approved in conjunction with Zoning Map Amendment 95-04 (the "Zoning
Application Plan"), the Applicant shall not disturb the Buffer Areas (the `Buffer Areas") as
depicted on the Zoning Application Plan, other than to: i) establish and maintain signage, fences
or walls, ii) remove underbrush, or iii) plant landscaping trees for screening. The Applicant shall
plant additional landscaping in Buffer Areas as reasonably required for screening.
A. Parcel D: disturbance within Eastern Buffer. Within Parcel D, the buffer on the
eastern side of the parcel from Airport Road to a point one hundred (100) feet north of the parcel
(the `Eastern Buffer") depicted on the plan entitled "Application Plan Amendment to ZMA 95-
04 Parcel D Enlargement showing Area for County Fire Station 12," (the "Application Plan
Amendment") prepared by DJG, Inc., dated January 26, 2006, attached hereto as Exhibit A,
depicting the "Fire Station Parcel" and the "Fire Station", may be disturbed in conjunction with
the construction and maintenance of the public street shown on the Zoning Application Plan
identified as Lewis and Clark Drive. The land disturbing activity in the Eastern Buffer shall be
the minimum necessary as determined by the County Engineer and reasonable construction
practices to allow for the construction and maintenance of Lewis and Clark Drive, including all
sidewalks and pedestrian pathways, and the construction and maintenance of erosion and
sediment control structures and measures, drainage facilities, and stormwater management
facilities which may be located either within or without the Eastern Buffer.
B. Parcel D: landscaping within Eastern Buffer. Any portion of the Eastern Buffer
within Parcel D that is disturbed as provided in paragraph 7.2(A) shall be landscaped by the
Applicant as provided herein within one hundred eighty (180) days after the County's Program
Authority releases the erosion and sediment control bond for the land disturbing activity within
the Eastern Buffer. The disturbed portion of the Eastern Buffer shall be planted in accordance
with a landscaping plan approved by the County in conjunction with the road plan and profile for
Lewis and Clark Drive. The landscaping plan shall include the following: (i) an informal mix of
native species evergreens planted at least five (5) feet in height, serving as screening trees,
loosely staggered, fifteen (IS) feet on -center; (ii) the same species of screening trees shall be
clustered in groups and alternate groups of screening trees shall be provided to create a
naturalistic rural landscape; (iii) shade trees shall be interspersed among the screening trees; (iv)
clusters of ornamental trees shall be provided in groups of 3's and 5's; and (v) tall shrubs shall be
massed to help integrate the proposed plantings into a naturalistic rural landscape. Approved
plant species shall be. obtained from the Albemarle County Recommended Plants List and the
buffer design shall be subject to the review and approval of the Director of the Department of
Community Development. The minimum caliper of all shade trees identified herein shall be two
and one-half (2 ''/2) inches at the time of planting. The Eastern Buffer shall be maintained by the
Applicant.
C. Parcel D• disturbance within the Western Buffer. Within the twenty (20) foot
War on the western portion of the Fire Station Parcel and within that buffer both one hundred
(100) feet north and south of the Fire Station Parcel (the "Western Buffer") as shown on Exhibit
A, land disturbing activity shown on an approved site plan for the Fire Station may occur before
the County issues a certificate of occupancy for the Fire Station building.
D. Parcel D: landscaping within the Western Buffer. Any portion of the Western
Buffer that is disturbed as provided in paragraph 7.2(C) shall be stabilized, restored and
landscaped by the developer of the Fire Station Parcel as shown on an approved site plan for the
Fire Station within one hundred eighty (180) days after the County issues a certificate of
occupancy for the Fire Station building. The portion of the Western Buffer that is disturbed as
provided in paragraph 7.2(C) but is not within the Fire Station Parcel shall be maintained by the
Applicant after all requirements of the site plan for the Fire Station have been satisfied.
E. Parcel D: duration of the Western Buffer. The Western Buffer within Parcel D
shall exist only until the land identified as Tax Map and Parcel Number 03200-00-00-01800 is
rezoned to a commercial, industrial, or planned development zoning district.
8.1 Fire Station. Within ninety (90) days after request by the County, the Applicant shall
lease to the County the Fire Station Parcel shown as "Proposed Parcel 212,788 SF. (4.88 ac.)" on
Exhibit A and grant all temporary easements as provided herein; at no cost to the County and
under such other terms as are acceptable to the County (the "Land Lease"). The Land Lease
shall be for a term that extends until the Applicant dedicates the Fire Station Parcel, or portion
thereof, to the County as provided in paragraph 8.5. The Applicant shall bear the costs of a
survey to establish the boundaries of the Fire Station Parcel, required subdivision plat(s), and the
preparation of the Land Lease.
A. To allow the development of the Fire Station Parcel, the Applicant shall grant all
temporary easements upon Parcel D and Tax Map and Parcel Number 03200-00-00-01800 as
necessary to allow ingress and egress for vehicles and construction equipment, grading, the
installation and maintenance of erosion and sediment control structures or measures, and any
2
other associated construction easements, as such temporary easements are shown on the site plan
for the Fire Station and mutually agreed to by the Applicant and the developer of the Fine Station
Parcel.
B. The developer of the Fire Station Parcel shall consult with the Applicant on the
design of the Fire Station, which design shall be in general accord with the University of
Virginia Research Park Design Guidelines.
C. The Applicant shall provide hazardous materials training to County fire and
rescue personnel. The training program shall be approved in advance by the Chief of the
County's Department of Fire Rescue. The training shall consist of two (2) four (4) hour training
sessions per year during the three (3) year period beginning on the date the certificate of
occupancy for the Fire Station is issued. The training program shall pertain to biological,
chemical and radiation elements.
D. The Applicant shall reimburse the developer of the Fire Station Parcel for all costs
incurred in the construction of a complete septic disposal system on the Fire Station Parcel,
including but not limited to the construction and/or installation of a septic tank and septic
drainfield, and all associated connections of the system to the Fire Station. Reimbursement shall
be made within sixty (60) days of receipt by the Applicant of a request for reimbursement
accompanied by documentation to support the amount requested. Documentation shall include
at least three (3) estimates to complete the work described herein, and shall be obtained from a
list of Applicant -approved Contractors. The Applicant shall close and remove the septic disposal
system on the Fire Station Parcel at its sole expense when the system is no longer required after
the Fire Station Parcel is connected to the public sewer system as provided in paragraph 8.4,
8.4 Extension of Public Sewer to Fire Station. As a condition of final subdivision plat or
final site plan approval for any development within Parcel D (as depicted on the Zoning
Application Plan) or within Tax Map and Parcel Number 03200-00-00-01800, other than the
final subdivision plat and final site plan creating and authorizing development of the Fire Station
described in paragraph 8.1, the Applicant shall design and construct at its sole expense, or
provide a sufficient bond or other form of surety to the County in an amount sufficient to assure
construction and acceptance by the appropriate authority, a public sewer to serve the Fire Station
Parcel and, in conjunction with such construction and upon request by the developer of the Fire
Station Parcel, shall install a lateral from the public sewer that connects the Fire Station to the
public sewer. If such request is made, the developer of the Fire Station Parcel shall reimburse
the Applicant for its costs to design and install the lateral, and shall pay all fees required for
connecting the Fire Station to the public sewer system. Reimbursement shall be made within
sixty (60) days of receipt by the developer of a request for reimbursement accompanied by
documentation to support the amount requested.
8.5 Dedication of Fire Station Parcel. Within ninety (90) days after the Fire Station Parcel is
served by the public sewer system as provided in paragraph 8.4, the Applicant shall dedicate to
the County in fee simple the Fire Station Parcel, less that portion no longer needed for the septic
disposal system, and further less such adjoining lands. within the Fire Station Parcel determined
by the County to not be needed for a public use (the "Dedication Parcel'o. The approximate
boundaries of the Dedication Parcel are shown on Exhibit B. The Applicant shall bear the costs
of preparing Exhibit B and any other required plats or surveys, and the preparation of the deed to
convey the Dedication Parcel to the County. The Applicant shall provide general warranties of
}" title in the deed conveying the Dedication Parcel. Upon such conveyance, the Land Lease
described in paragraph 8.1 shall terminate.
8.6 Connection of Fire Station to Street; Alternative. The Applicant shall construct a street
from Lewis and Clark Drive to Tax Map and Parcel Number 03200-00-00-01800 north of the
Fire Station Parcel (the "Street") and a travelway from the Street to a connection point within the
Fie Station Parcel or Dedication Parcel, as applicable, mutually agreed to by the Applicant and
the developer of the Fire Station Parcel, which will he shown on the approved final site plan for
the development of the Fire Station (the "Connector"), as provided below.
A. The Street shall be designed and constructed to Virginia Department of
Transportation standards or applicable street standards as determined by the County Engineer,
shall be designed and constructed to accommodate its intersection with the Connector, and shall
be located so that there is three hundred (300) feet or such lesser distance, approved by the
Virginia Department of Transportation, of separation on Lewis and Clark Drive between the
cross -over serving the Fire Station Parcel (the "Bay Door Egress") and the cross -over serving the
Street to allow for the required left-tum lane and taper from Lewis and Clark Drive into the
Street. The Street shall be completed for acceptance by the Virginia Department of
Transportation into the state highway system or by the County, as applicable, before the median
break allowing a direct left turn access from the northbound lane(s) of Lewis and Clark Drive
into the northern access to the Fire Station Parcel from Lewis and Clark Drive (the "Median
Break") shown and identified on Exhibit A as the "Temp. Access" (the "Temp. Access") is
closed.
B. The Connector shall be designed and constructed to applicable private street
standards set forth in Albemarle County's Subdivision Ordinance and Design Standards Manual.
The Connector shall be completed for acceptance by the County before the Median Break is
closed. The developer of the Fire Station Parcel shall close, or pay all costs to close, the Temp.
Access, including the cost of removing all unnecessary pavement and installing landscaping in
those areas consistent with the existing landscaping along the front of the Fire Station Parcel.
UNIVERSITY OF VIRGINIA FOUNDATION
[Signature]
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[Title] C' &I-0
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DEPT OF PLANNING
COO PV
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
CharlotteMle, Virginia 22902.4$96
(M) 296.5B28
May 26, 1999
John Matthews
P O Box 9603
Charlottesville, VA 22905
RE; ZMA-99-27 University of Virgi4ia fumamb Park 9 North Rork
Tax Map 32, Parcels 411, 6, 6A and 19
Dear Mr, Matthews:
4
The Albemarle County Hoard of Supervisors, at its meeting on May 5, 1999, unanimously approved the
above, -noted request to amend ZMA-95-04 to reduce Building setbacks along internal public mad
righas-of-way f um 50 to 10 feet.
If you should have any questions or comments regarding the above -noted action, please do not hesitate to
contact me.
Sincerely,
V�
V. Wayno
DirectotofPlannia &Coattnuniry
VWCfjcf `—
Cc: AmetiaMcCulley
Jack Kelsey
Tax Weaver
Steve AUshouse
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22902-45%
(804) 2%-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 I&. Rose:
The Albemarle County Board of Supervisors, at its meeting on June 12, 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-9541 - Supporting commercial uses;
SP-95-42 - Hotels, motels & inns.
ADOP'JED 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,
VUV �
Ronald S. Keeler
Chief of Planning
RSK/blb
cc: Amelia McCulley
Jo Higgins
I:\GENE12AL%FIAREXBARBARAIZMA9s-04ACT
JUN. 1 7 rr 3
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 iuci[tified 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:
Compliance with Section 4.14 Performance Standards of the
Zoning Ordinance;
2. Building location shall not be less than thirty (30) feet frorn
the perimeter buffer areas to adjoining properties not located
within the development.
(B) SP-95-41 Supporting Commercial Uses, conditioned upon:
I... 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.
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 off to 2_ on June 5. 1996.
ZMA95-04.
e
Clerk, Board of County Sup 'sors
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