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Home My WebLink AboutZMA201400008 Proffer Statement 2015-04-20 PROFFER STATEMENT CMA PROPERTIES, INC. Date: April 20, 2015 ZMA #: 2014-00008 Tax Map Parcel #: 04500-00-00-17300 (the"Property") Owner: CMA Properties, Inc., a Virginia corporation, and its successors in interest (the"Owner") Rezone the Property, containing approximately 3.6 acres, from R-6 Residential (R6)to Highway Commercial (HC). Pursuant to Sections 33.4 and 33.7 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed herein below which shall be applied to the Property if the Zoning Map Amendment (hereinafter the"ZMA") is approved by the County of Albemarle (the "County"). These conditions are proffered as a part of the requested ZMA and it is agreed that: (1)the ZMA itself gives rise to the need for the conditions, and (2) such conditions have a reasonable relation to the rezoning requested. 1. Development shall be in general accord with the following plans prepared by Collins Engineering entitled "CMA Properties Highway Commercial Concept Plan and Grading Exhibit", dated October 20, 2014, last revised April 15, 2015, and "CMA Properties— Phase I Concept Plan Grading Exhibit", dated February 23, 2015 (collectively, and hereinafter, the"Layout Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Layout Plan, development shall reflect the following major elements as shown on the Layout Plan: a. The building envelope. b. Parking envelopes. c. Access and circulation throughout the Property. d. Landscaping and screening envelopes. e. Area shown as "20' Reserved Area for Future R/W Dedication, Pedestrian Improvements, and Proposed Street Trees Along Berkmar Drive." 2. While the Property is used for stand-alone parking, screening for any stand-alone parking shown on the Layout Plan shall be established, enhanced, and/or maintained as necessary to reasonably and adequately screen the stand alone parking shown on the Layout Plan from Berkmar Drive. 3. Sidewalk along Berkmar Drive. a. Upon demand by the County when sidewalks are installed on properties adjacent to the north or south of the Property (or are installed within the public right-of- way fronting on properties adjacent to the north or south of the Property), the Owner shall construct a sidewalk and install street trees within the area shown on the Layout Plan as"20' Reserved Area for Future R/W Dedication, Pedestrian Improvements, and Proposed Street Trees Along Berkmar Drive." Such sidewalk and street trees shall be completed within one year after the date of any written notice from the County. b. If at the time of approval of a final site plan for a use other than stand-alone parking such sidewalk has not already been constructed as provided in Proffer 3(a) or otherwise, the Owner shall construct a sidewalk and street trees within the area shown on the Layout Plan as"20' Reserved Area for Future R/W Dedication, Pedestrian Improvements, and Proposed Street Trees Along Berkmar Drive." Such sidewalk and street trees shall be constructed and completed in conjunction with the improvements shown on such final site plan, or as otherwise stated on such approved final site plan. c. The sidewalk shall be designed and constructed in compliance with all applicable Virginia Department of Transportation and County standards pursuant to Section 32.7.2.3 of the Zoning Ordinance, and the street trees shall meet all applicable County standards pursuant to Section 32.7.9.5 of the Zoning Ordinance. d. The Owner shall dedicate the sidewalk, at Owner's sole expense, to the County to become part of the public right-of-way. (Signature Page Immediately Follows) 2 (Signature Page for Proffers for ZMA 2014-00008, CMA Properties, Inc.) WITNESS the following signature: CMA PROPERTIES, INC. By: Peter T. Borches, President 27208937_4 docx .3 • ORDINANCE NO. 15-A(2) ZMA 2014-00008 CMA PROPERTIES AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX MAP AND PARCEL NUMBER 04500-00-00-17300 WHEREAS,the application to amend the zoning map for Tax Map and Parcel Number 04500-00-00-17300 (the"Property")is identified as ZMA 2014-00008, CMA Properties("ZMA 2014-00008");and WHEREAS,the Property is zoned R-6 Residential; and WHEREAS,ZMA 2014-00008 proposes to rezone the Property to HC Highway Commercial with proffers; and WHEREAS,on March 17,2015,after a duly noticed public hearing,the Planning Commission recommended approval of ZMA 2014-00008,provided that technical revisions were made to the proffers, and such revisions have since been made. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle,Virginia,that upon consideration of the staff report prepared for ZMA 2014-00008 and its attachments,including the proffers revised after the Planning Commission public hearing,the information presented at the public hearing,the material and relevant factors in Virginia Code § 15.2-2284,and for the purposes of public necessity,convenience,general welfare and good zoning practices,the Board hereby approves ZMA 2014-00008 with the proffers dated April 20, 2015, and the zoning map for Tax Map and Parcel Number 04500-00-00-17300 is amended accordingly. * * * I,Ella W.Jordan,do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of five to one,as recorded below,at a regular meeting held on May 6,2015. AviV ''R r, :oard • •'ounty Supervisors Aye Nay Mr.Boyd Y Ms. Dittmar - Y Ms. Mallek Y Ms. McKeel N Ms.Palmer Y Mr. Sheffield Y RESOLUTION TO APPROVE SP 2015-06 CMA PROPERTIES STAND ALONE PARKING WHEREAS,CMA Properties, Inc. (the"Owner") is the owner of Tax Map and Parcel Number 04500-00-00-17300 (the"Property"); and WHEREAS,the Owner filed an application for a special use permit to establish stand alone parking on the Property, and the application is identified as Special Use Permit 2015-00006 CMA Properties Stand Alone Parking("SP 2015-06") in conjunction with ZMA 2014-00008 which would rezone the Property from R-6 Residential to HC Highway Commercial; and WHEREAS,on March 17,2015, after a duly noticed public hearing,the Albemarle County Planning Commission recommended approval of SP 2015-06 without any conditions; and WHEREAS,on May 6, 2015,the Albemarle County Board of Supervisors held a duly noticed public hearing on SP 2015-06. NOW, THEREFORE,BE IT RESOLVED that, upon consideration of the foregoing,the staff report prepared for SP 2015-06 and all of its attachments,the information presented at the public hearing, and the factors relevant to a special use permit in Albemarle County Code § 18-33.8,the Albemarle County Board of Supervisors hereby approves SP 2015-06. * * * I,Ella W.Jordan,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,Virginia, by a vote of five to one, as recorded below, at a regular meeting held on May 6,2015. e ,Bo. • of ounty Supervisors Aye Nay Mr.Boyd Y Ms.Dittmar Y Ms. Mallek Y Ms. McKeel N_ Ms. Palmer Y Mr. Sheffield Y RESOLUTION TO APPROVE SP 2015-05 CMA PROPERTIES OUTDOOR STORAGE AND DISPLAY WHEREAS,CMA Properties,Inc. (the"Owner") is the owner of Tax Map and Parcel Number 04500-00-00-17300 (the"Property"); and WHEREAS,the Property is within the Entrance Corridor Overlay District and County Code § 18- 30.6.3(a)(2)(b)requires a special use permit for"outdoor storage, display and/or sales serving or associated with a permitted use"; and WHEREAS,in conjunction with ZMA 2014-00008,which would rezone the Property from R-6 Residential to HC Highway Commercial,the Owner filed an application for a special use permit to establish outdoor storage and display on the Property, and the application is identified as Special Use Permit 2015- 00005 CMA Properties Outdoor Storage and Display("SP 2015-05"); and WHEREAS,on March 17,2015, after a duly noticed public hearing,the Albemarle County Planning Commission recommended approval of SP 2015-05 with the conditions recommended by staff; and WHEREAS,on May 6, 2015,the Albemarle County Board of Supervisors held a duly noticed public hearing on SP 2015-05. NOW,THEREFORE,BE IT RESOLVED that,upon consideration of the foregoing,the staff report prepared for SP 2015-05 and all of its attachments,the information presented at the public hearing, and the factors relevant to a special use permit in Albemarle County Code § 18-33.8,the Albemarle County Board of Supervisors hereby approves SP 2015-05, subject to the conditions attached hereto. * * * I,Ella W. Jordan,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,Virginia,by a vote of four to two,as recorded below, at a regular meeting held on May 6,2015. C -r ,Board . I ounty Supervisors Aye Nuy Mr.Boyd Y Ms.Dittmar Y Ms.Mallek Y Ms. McKeel N Ms.Palmer N Mr. Sheffield Y RESOLUTION TO APPROVE CPA 2014-00002 WHEREAS,CMA Properties, Inc. is the owner of Tax Map and Parcel Number 04500-00-00- , 17300 (the"Property"); and WHEREAS,the land use designation of the Property in the Comprehensive Plan is Urban Density Residential,which allows residential uses at 6 to 12 units per acre and supporting uses; and WHEREAS,CPA 2014-00002 proposes to amend the land use designation of the Property to Office/Research&Development/Flex/Light Industrial,which allows commercial,professional office, research and development,design,testing of prototypes, manufacturing, assembly,and packaging; and WHEREAS,on April 14, 2015, after a duly noticed public hearing,the Planning Commission recommended approval of CPA 2014-00002. NOW,THEREFORE,BE IT RESOLVED that, upon consideration of the foregoing, the staff report prepared for CPA 2014-00002 and all of its attachments,the information presented at the public hearing, and for the purposes articulated in Virginia Code § 15.2-2223(A),the Albemarle County Board of Supervisors hereby approves CPA 2014-00002, and the land use designation of the Property and the applicable map in the Comprehensive Plan are amended accordingly. * * * I,Ella W.Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of six to zero, as recorded below,at a regular meeting held on May 6,2015. ` inifY Clerk,Board of Co upervisors Aye Nay Mr.Boyd Y Ms.Dittmar Y Ms.Mallek Y Ms.McKeel Y Ms.Palmer Y Mr. Sheffield Y SP-2015-00005 CMA Properties Outdoor Storage and Display 1. Vehicles being stored or displayed shall not be elevated anywhere on site. 2. Vehicles shall be displayed only in areas indicated as"inventory"on the plan entitled"CMA Properties Highway Commercial Concept Plan"by Collins Engineering with revision date of 4-15- 2015 (the"Concept Plan").Inventory storage within the EC Overlay District shall be only in designated striped parking spaces,as identified on the Concept Plan. 3. The maximum light levels for any part of the site within the EC Overlay District used for outdoor storage and display shall not exceed 30 footcandles. 4. The ARB may require landscaping that is in excess of its design guidelines,Albemarle County Code § 18-32.7.9, or both,in order to mitigate the visual impacts of the proposed use on the Entrance Corridor. 5. The trees shown on the Concept Plan along the southern perimeter of the site shall be installed either prior to or in conjunction with the final site plan on which the stormwater management facility shown on the Concept Plan is required to be constructed.