HomeMy WebLinkAboutZMA201600009 Proffers Draft 2016-09-07PROFFER STATEMENT
ZMA No. 2016-09
Original Proffers X
Amendment
Tax Map and Parcel Number(s): 04500-00-00-112EO, 04500-00-00-11200
Owner(s) of Record: Brian J, McMahon & Stephen K von Storch (TMP 04500-00-00-112E0)
Stuard R Wood (TMP 04500-00-00-11200)
Date of Proffer Signature: [INSERT DATE THE PROFFERS ARE SIGNED]
4.428 acres to be rezoned from R-6 Residential to HC — Highway Commercial with restrictions.
Brian J, McMahon & Stephen K von Storch (TMP 04500-00-00-112E0) Stuard R Wood (TMP 04500-00-
00-11200)
are the owners (the "Owners") of Tax Map and Parcel 04500-00-002and 04500-00-00-11200
(the "Property") which is the subject of rezoning application ZMA Na project known as the Wood
o. -09,
von Storch Rezoning (the "Project"). 10
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the 079P 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 1equested rezoning and the Owner acknowledges that the
conditions are reasonable. 4F
a) The following by right uses in Highway Comcia (HC) zoning shall not be permitted:
i. Pipe and tobacco shops
ii. 1�arber/Beauty shops
iii. Laundromats
iv. Farmer's Markets
*Funeral Ho
vi. Wayside Stand
vii. Hospitals
viii. Restaurant drive ru windows
b) llowing use shall be restricted:
i. Cemeteries —The existing cemetery shall not be expanded.
Mini -storage — Shall be limited to the Secondary Development Zone or the upper floors
within the Primary Development Zone.
2. Retail uses wi fbe limited to no more than 25,000 square feet of the total floor area built on the
site. This is approximately 25% of the projected total floor area projected to be built on the Property.
3. Eating establishments shall be limited to 1,500 square feet or less per establishment.
4. Residential uses shall be secondary and limited to the upper floors of multi -story buildings.
5. Owners shall reserve an area along the Berkmar Drive frontage between the edge of the
existing right-of-way and a building setback line measured on the property, 44 feet from the Center
Line of the Berkmar Drive Right of Way (Reserved Area) until the Small Area Plan for Berkmar
Drive is completed. This reservation, or a portion thereof, will terminate upon determination by the
County in the Small Area Plan that some or all of such Reserved Area is not needed but not later than
December 31, 2020 (The Reservation Period). The Reserved Area shall remain free of buildings or
other obstructions during the Reservation Period. However, the Owners reserve the right to construct
turn and taper lane improvements within the Reserved Area. If the determination of the County in the
Small Area Plan is that the Reserved Area, or a portion thereof, will be needed for future Berkmar
widening or improvements, then the Reserved Area, or a portion thereof, shall be dedicated to the
County upon demand. I&,
6. The Owner shall restrict parking uses to the side or rear of buildin thin the Primary
Development Zone. Parking Setbacks shall be as follows:
a. Front — Minimum — As a primary Same as the fr setbac ighway
Commercial (HC) Zone.
b. Front — Minimum — As an accessory use: No cl he right -of -w n- y
existing or proposed primary structure in the ary Development Zon
6. The Owners shall construct improvements on th r erty in acco ance with the Concept Plan
(SP -1) which is attached hereto and other applicable County zoning and site plan requirements. Site
Development Examples (SP -1b and SP -lb) are for illustrative purposes only.
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