HomeMy WebLinkAboutZMA201100006 Proffers 2012-02-08Cer.;rriuni,.- Deve;'Opn,ient Department
File# 7- rn doll -
Proffer Statement Approved by the Board of Supervisors
Albemarle Health Caret a
Date: January 21.), 2U12 �ioriatu,e - P(anrter
Owner: Galaxie, LLC, a Virginia limited liability company
Property: 91 Galaxie Farm Lane, PIN 09100-00-00-01200 (portion)
Application: ZMA-2011-00006
This Proffer Statement accompanies and relates to the application by AIbemarle Health Care
Center, LLC for a zoning map amendment (the "Application"). The Owner is Galaxie, LLC, a
Virginia limited liability company, or its successors (the "Owner").
The Application applies to approximately 5,38 acres in Albemarle County, Virginia (the
"County") known as a portion of tax map parcel 019300-00-00-01200 (the "Property"). The
Property is presently zoned R-1 in accordance with Section 13 of the Albemarle County Zoning
Ordinance (the "Ordinance"). The Application seeks to designate the zoning for the Property as
Planned Development Mixed Commercial (PD-MC) in accordance with Section 25A of the
Ordinance.
Conditions. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance and subject to
the reservations and clarifications that follow, the Owner hereby voluntarily proffers the
conditions listed in this Proffer Statement, which shall be applied to the Property if the proposed
Application is approved by the. Board of Supervisors of Albemarle County. If the Application is
denied, these conditions shall be immediately null, void and of no effect. These conditions are
proffered as a part of the requested Application and it is agreed that: (1) the uses described in the
Application itself give rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the uses described in the Application. The following shall be the sole
proffers applicable to the Property.
1. Permitted Uses. The use of the Property shall be limited to those uses allowed by right under
Section 25A.2.1(2), (3) and (4), those uses allowed by right under Section 44.2.1.(45); and those
uses allowed by special use permit under Section 24.2.2(7) and (16); of Chapter 18, Zoning, of
the Albemarle County Code, as those Sections are in effect on January 13, 2012, copies of which
are atUiched hereto and incorporated herein as Attachment A.
2. Public Street. As a condition for the issuance of the first Certificate of Occupancy for any
structure on the Property, the Owner shall design and complete construction of a public
street between Mill Creek Drive (Point A) and to a point just beyond the private access
road to the Property (Point C"), as shown on Sheet 3 of the Application Plan ("Public
Street"). The Public Street shall he designed and constructed to County and VDOT standards,
including the design and construction of related drainage, slope and utility easements, as
applicable; provided however, that with the approval of the County Engineer, the ultimate
vertical alignment may be adjusted once final engineering has been developed and submitted as
part of the Owner's final site plan. Construction of the Public Street shall be deemed complete
when the County Engineer determines that the roadway is safe and convenient for traffic.
A. The Public Street from Point A to Point B on the Application Plan entitled
"Application Plan for Albermarle Health & Rehabilitation Center. 'Fix Map 91, Parcel 12,
Scottsville District, Albemarle County, Virginia," prepared by Shimp Engineering, P.C., dated
06/20111, last revised 01/19112, (the "Application Plan") shall be constructed to follow the same
horizontal and vertical alignment, including sidi>walks and planting strips, for the connecting
portion of road on the Fire and Rescue Facility, as shown on the approved final site plan for the
Monticello Fire and Rescue site (SDP 200100089, approved January 3, 2002, (the "Fire Station
Site Plan")). The segment of the Public Street from Point A to Point B also shall be designed and
constructed to the full section as shown on Sheet 5.0 of the Fire Station Site Plan. The minimum
requirements for the sidewalks and planting strips shall be as provided in Proffer 2(E).
B. The Public Street from Point B to Point C shall be constructed as shown on Sheet 3 of
the Application Plan, including a sidewalk and planting Strip. The segment of the Public Street
from Point B to Point C shall be designed and constructed to a twenty (1-0) foot VDOT half
section. The minimum requirements for the sidewalk and planting strip shall be as provided in
Proffer 2(E).
C, Upon request by the County and at the Owner's sole expense, the Owner shall prepare,
or cause to be prepared, a subdivision plat meeting the requirements of the Albemarle County
Subdivision Ordinance (Chapter 14 of the Albemarle County Code) to create a special lot
composed of the right-of-way for the Public Street. The plat shall identify the Public Street right-
of-way
ight-
ofway as being dedicated to public use. The plat shall be prepared for approval by the County
under the Albemarle County Subdivision Ordinance, and shall identify the County as the owner
and signatory.
D. Until the Public Street is accepted into the secondary system of State highways, the
Owner shall be responsible for all maintenance, repairs, bonding and insurance for the Public
Street. To satisfy this requirement, the Owner shall either: (1) enter into an agreement between
the Owner and the County Setting forth the Owner's obligations under this Proffer 2(D), which
agreement shall first be approved as to substance and to form by the County Engineer and the.
County Attorney; or f2) provide surety for the maintenance of the Public Street as provided in
Albemarle County Code § 14-435.1 or its successor in effect at the time the final subdivision plat
required by Proffer 2(C) is approved.
E. Each sidewalk required by Proffers 2(A) and (B) ;hall be a minimum of five (5) feet in
width Each planting strip required by Proffers 2(A) and (B) shall be a minimum of six (6) fec;t in
width. Each planting strip shall be located between the curb and the sidewalk.
Witness the following signature and seal.
i
Galaxie, LLC
By: Jue,) - i, ,S C, 1 t �
CHAPTER IS
ZONING
SECTION 25A
.PLANNED DEVELOPMENT - MDMi D COMMERCIAL - PD -MC
25A,2 PERMI'TTED'USES
,25A.2.1 BY RIGHT
The following uses shall be permitted by right in the PD -MC district
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards, Outdoor
storage, sales or display shall be permitted only when enc!osed by appropriate visual
screening. (Amended 11-12-08) .
2. Electric, gas, oil and communication facilities excluding tower structures and including poles,
fines, 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. (Amended 5-12-93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by Iocal, 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)
4. Temporary construction uses (reference 5,1.18).
(§ 20-25A,2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25A.2.1, Ord. 98-A(1), 8-5-98; Ord. 08-18(6), 11-12-08)
ALBEMARLE COUNTY CODE
18-25A-2
Zoning Supplement 949,11-12-08
25A.2.2 BY SPECIAL USE PERMIT
The fallowing uses shall be permitted by special use permit in the PD -MC district:
1. Uses permitted by special use permit in the C-1, CO and HC districts.
2. Outdoor amphitheater (reference 5.1.37). (Added 10-9-96)
3. Storage yards. (Added 11-12-08)
(§ 20-25A.2.2,12-10-80; 11-1-89; 5-12-93; § 18-25A.2.2, Ord. 98-A(1), 8-5-98; Ord. 08-18(6),11-12-08)
CHAPTER 18
ZONING
SECTION 22
COMMERCIAL - C-1
22,2 PERMITTED USES
22.2.1 BY RIGHT
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of this
chapter. The zoning administrator, after consultation with the director of planning and other appropriate
'officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be
similar to uses permitted by right in general character and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion aad.craft shops.
2. Clothing, apparel, and shop sloops „
3. Department store.
4. Drug store, pharmacy
5. Florist. '
6. Food and grocery stores including such specialty shops as bakery, candy, mills dispensary and
wine and cheese shops.
Furniture and home appliances (sales and service).
Hardware store.
9. Musical instruments.
10, Newsstands, magazines, pipe and tobacco shops,
11.Optical goads.
12, Photographic goods,
13. Visual and audio appliances.
14. Sporting goods
15, Retail nurseries and greenhouses.
16. Farmers' markets (reference 5.1.47). (Added 5-5-10)
b. The following services'and public establishments:
1, Administrative, professional offices,
2. Barber, beauty shops.
-3. Churches, cemeteries.
4, Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
5, Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9, indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at 411 hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Hating establishments.
15, Tailor, seamstress.
16. Automobile service stations (reference 5.1.20),
17. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meter's 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.
(Amended 5-2-93)
I8. 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
1.2.5); public water and sewer transmission, main or trunk lines treatment facillties, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority ( eference
31.2.5; 5.1.12). (Amended D-1-9)
19. Temporary construction uses (reference 5.1.1).
20. Dwellings (reference 5121).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23, Temporary nonresidential mobile homes (reference 5.8). (Added.. 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25, (Repealed 5-5-10)
26, Stormwater management facilities shown on, an approved final site plan or subdivision plat.
(Added 10-9-02)
27. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-22.2.1.,22-10-80; 6-3-81; 3-5-86; 9-9.92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord 04-18(2),
10-13-04, Ord. 10-18(4), 5-5-10)
22.2.2 BY SUCIAL USF PERMIT
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers, bowling, alleys,
pool halls and dance halls. (Amended 1-1-83)
2.'Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radlowave
�;r€nnsmission and relay towers, substations and appurtenances,
3. Hospitals.
4. Fast food restaurant.
S. Veterinary office and hospital (reference 5.1.I 1).,
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-,
15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant
to section 31.2.4.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive
plan. (Added 6-1-83) .
9. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-.
03)
10. Drive-in windows serving or associated with permitted -uses. (Added 11-7-84; Amended 9-9-92)
11. Uses.permitted by right, not served by public water, involving water consumption exceeding four
hundred -(400) gallons per site acre per day: Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage- other than domestic wastes. (Added 6-14-8I)
12. Body shop. (Added 9-9-92)
13. Animal shelter (reference S.1.11). (Added 6-16-99).
ALBEh.MARLE COUNTY CODE
18-22-4
Zoning Supplement 960,5-5-10
14. Tier lit personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-22.2.2,12-10-80; 1-1-83; 6-1-83;11-7-84; 6-14-89; Ord. 03-18(l),2-5-03, Ord. 04-18(2),10-13-04)
CHAPTER 18
ZONING
SECTION 23
COMMERCIAL OFFICE - CO
23.2 PERMITTED USES
23.2.1 BY RIGHT
The following uses shall be permitted in the CO district, subject to the applicable requirements of.
this chapter:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical,
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the.principal uses provided herein. The aggregate
of all accessory uses shall not occupy more that twenty (20) percent of the floor area of the
buildings on the site. The following accessory uses shall be permitted:
Eating establishments;
Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
Ethical pharmacies, laboratories and estabishnuents for the production, fitting and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to; musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
(Added 12-3-86)
-Barber shops; (Added 8-5-09)
-Beauty shops. (Added 8-5-09)
7. 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 suppLes'and central
sewerage systems in conformance with Chapter 16 ofthe Code of Albemarle and all ot_li'er
applicable law. (Amended 5-12-93)
S. 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)
9. Temporary construction uses (rafarence 5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nonresidential mobile homes (reference 5, 8). (Added 3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added -9-9-92)
13. Stormwater management facilities shown on an approved final site, plan or subdivision plat.-' '
(Added 104-01}
14. 'pier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
15. Farmers' markets (reference 5.1.41). (Added 5-5-10)
Q 20-23.2.1,12-10-80.; 3-1742; 3-5-86;12-3-86; 11-1-89; 9-9-92; 5.12-93; Ord. 01-18(6;, 10-9-01 ; Ord.
04-18(2), 10-13-04; Ord. 09-1118(6), 8-5-09; Ord. 10-18(4), 5.5.10)
23.2.2 BY SPECIAL USE PERIYIIT
The following uses shall be permitted only by special use permit approved kby the board of
supervisors pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
3. Electrical power substations, transmission lines and related `.owers; gas or oil transmission
lines,•pumping stations and appurtenances; unmanned telephone exchange centers; microwave
and radio -wave transmission and relay towers, substations and appurtenances.
4. Stand alone parking and parking structures (reference 4.12, 5.1A1). (Added 11-7-84;
Amended 2-5-03)
5. Commercial uses otherwise permitted baving drive-in windows (Added 11-7-84)
6. School o;; special instruction, (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)
8. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other titan domestic wastes. (Added
6-14-89)
9. Unless such uses are otherwise provided in this section, uses ptamitted in section 18.0,
residential R-15. in compliance with regulations set forth lberein and such conditions as may
be imposed pursuant to section 31.2.4. (Added 6-19.91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19=91)
11. Supporting commercial uses (referande 9.0). (Added 6-1991)
12, Research and development activities Including experimental testing. (Added 6-19-91)-
13. Laboratories, medical or pharmaceutical. (Added 6.10-92)
I4. Indoor athletic facilities. (Added 9-15-93)
15. Tier III personal wireless serv;ce facilities (reference 5.1,40). (Added 10-13-04)
( 20.231.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89,,6-19-91; 6-10-92; 9-15.93; Ord. 03-18(1), 2-5-03; Ord,
04-18(2), 10-13-04)
CHAPTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL-- HC
24.2 PERMITTED USES
24.2.1 BY RIGHT
7-.e following uses shall be permitted in any HC district, subject'LO the applicabie requirements of
:his chapter. The zoning administrator, after consultation with the director of planning and otber
appropriate officials, may permit, as a use by right, a use not. specifically permitted; provided that
such use shall be similar to uses permitted by right in general character, and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be -as generally provided in
section 34.
1, Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
7. Convenience stores.
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed -and seed stores (reference 53.22).
11. Financial institutions."
12. Fire extinguisher and security products; sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral horses.
15. Furniture stores. -
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops,
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair. and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24, Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service. -
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles. ,
33. Wayside stands - vegetables and agricultural produce.(reference 5.1.19).
34. Wholesale distribution. .
35 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
Autharitl,, Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Cods of Albemarle and all other
applicable law. (Amended 5-12-93)
36, 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 Rivanma Water and
Auth
Sewer ority (reference 31.2.5; 5.1.12). (Amended' 11-1-89)
37. Temporary construction uses (reference 5.1.18).
18 Indoor theaters
39. Beating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8): (Added -3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22, 1, commercial, G1.
(Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.47). (Added 10-11-95; Amended -5-5-10)
44. Stormweer management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02) .
45. Tier T and rier 11 personal wireless service facilities (reference 5.1.40). (Added. 10-13-04)
46. Storage yards. (Added 11-12-08)
(§ 20-24.2.1, 12-10-80, 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9.9-92; 5=12-93; 9-15-93; 10-11.95; § 18-24.2.1,
Ord. 98-A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6),11-12-08; Ord. 10-
18(4), 545-10)
24.2.2 BY SPECIAL USE PERMIT,
The following uses shall be permitted by special use permit in the HC district.-
1.
istrict:1. Commercial recreation -establishment including but not limited to amusement centers, bhwling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference.5. 1. 11).
5. Drive-in theaters (reference
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers, microwave
and radio -wave transmission and relay towers, substations and appurtenances (reference
5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this set:tion, uses. permitted in section 18 0,
residential - R-15, in compliance with regulations set forth therein_, and such conditions as
may be imposed pursuant to section 31.2.4.
It. Commercial kennels - indoor only (reference 5.1.11). (Added 1-1-83)
11. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
12, Drive-in windows serving or associated with permitted uses, (Added 11-7-84; Amended 9-9-
92)
13. Uses permitted by right, not served by *public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
I4. Warehouse facilities not permitted under section 24.2.1 (reference 9.0), (Added 6-19-91)
15. Animal shelter (reference 5.1..11). (Added 6-16-99)
16. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
17. Body shops. (Added 1-12-11)
(§ 20-24.2.2,12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98 A(I), 8-5-98; Ord.
99-18(4), 6-16-99;•Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. I I-
19(2),1-1.2-11)