HomeMy WebLinkAboutZMA201000010 Proffers Zoning Map Amendment 2012-01-15Original Proffers
Amendment X
Amendment to ZMA 200400009
PROFFER STATEMENT
ZMA 2010 - 00010, Peter Jefferson Overlook
Tax Map and Parcel Number: 07800- 00- 00 -055A7
Owner of Record: Peter Jefferson Overlook, LLC
Date of Rezoning Action: , 2011
2.089 acres to be rezoned from Planned Residential Development (PRD) to Planned Residential
Development (PRD)
is the owner (the "Owner ") for Peter Jefferson Overlook, LLC, the owner of
Tax Map and Parcel Number: 07800- 00- 00 -055A7 (the "Property ") which is the subject of rezoning
application ZMA No. 2010 - 00010, a project known as "Peter Jefferson Overlook" (the "Project ").
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily
proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning
district identified above. These conditions are proffered as a part of the requested rezoning and the
Owner acknowledges that the conditions are reasonable.
1. The uses of the Property permitted by right shall be none of those uses allowed by right under
Section 19.3.1 of Chapter 18, Zoning, of the Albemarle County Code, as that section is in effect on
, 2011, a copy of which is attached hereto and incorporated herein as Attachment A.
The owner shall have no right to establish or maintain a use that is subsequently amended or
deleted from Section 19.3.1 unless the owner establishes that its right to engage in or maintain that
use has vested.
2. Sidewalks shown on the Application Plan shall be installed by the owner to the standards of VDOT
and the County of Albemarle. Sidewalks not within the US 250 right -of -way shall be maintained
by the owner in accordance with County standards.
3. The owner shall enter into a maintenance agreement with VDOT for the maintenance of
landscaping within the right -of -way along the frontage of the property.
4. Prior to issuance of a Final Certificate of Occupancy for any building on the parcel, the owner shall
complete the improvements to the turn lanes on US 250 as shown on the application plan.
5. The treatment of the fieldstone/hedgerow on the eastern side of the property shall be consistent
with the notes as shown on the proffered Application Plan
OWNER
[insert name], Owner Date Signed
19.3.1 BY RIGHT
ATTACHMENT A
The following uses shall be permitted subject to the requirements and limitations of this ordinance:
1. Detached single - family dwellings.
2. Semi - detached and attached single - family dwellings such as duplexes, triplexes, quadraplexes,
townhouses, atrium houses and patio houses provided that density is maintained, and provided
further that buildings are located so that each unit could be provided with a lot meeting all other
requirements for detached single - family dwellings except for side yards at the common wall.
3. Multiple - family dwellings.
4. (Repealed 9 -2 -81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities
such as tennis courts, swimming pools, game rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations, and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central sewerage
systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law.
(Amended 5- 12 -93)
7. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89)
8. Temporary construction uses (reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
10. Homes for developmentally disabled persons (reference 5.1.7).
11. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10 -9 -02)
12. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
(§ 20- 19.3.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; 5- 12 -93; Ord. 02-18(6),10-9-02; Ord. 04-18(2),10-13-04)