HomeMy WebLinkAboutSDP201600056 Proffer Statement 2016-09-01 "two' NNW
Original Proffers
Amendment X
PROFFER STATEMENT
Rezoning Application Number: ZMA No, 201200007
Tax Map and Parcel Number(s): IMP 07600-00-00-055A0; and portions of TMP 076M1-00-00-
00100; and of IMP 07600-00-00-055C0. consisting of 0.430 acres, more or less, as shown on
Attachment A.
Zoning: I IC Highway Commercial to I IC Highway Commercial
Owner of Record: FIV Investments, LLC, a Virginia limited liability company
Date of Proffer Signature: September 1, 2016
FIV Investments, LLC, a Virginia limited liability company, is the owner (the "Owner") of
Tax Map and Parcel Number: TMP 07600-00-00-055A0; and portions of TMP 076M1-00-00-00100,
and of IMP 07600-00-00-055C0 {the "Property") which is the subject of rezoning application ZMA
No. 201200007. a project known as "5IIIStreet Development" (the 'Project").
Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the
Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed below which
shall he 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. Each signatory below signing on behalf of the Owner covenants and warrants that it is an
authorized signatory of the Owner for this Proffer Statement.
1. The location of buildings, including orientation, walkways, retaining walls and access
point to greenway shall be in the general locations shown on the attached conceptual plan entitled "51"
STREET DEVELOPMENT APPLICATION PLAN"dated December 9, 2013, as updated and last
revised July 28, 2016; prepared by Collins Engineering (hereinafter the "Conceptual Plan"), as
determined by the Director of Planning and Zoning Administrator. Minor modifications to the plan
which are in general accord with the general locations of buildings, walkways, retaining walls and
access points to greenway may be made to ensure compliance with the Zoning Ordinance.
Modifications are to he considered in terms of minimizing or improving impact on adjoining properties
and roadways, to address Architectural Review Board requirements, or to comply with the Flood
Iazard Overlay District.
2. The uses of the Property shall be limited to those listed in Attachment B.
3. Vehicular access from 5'11Street to the Project shall he provided via a shared entrance with
the existing use on the remainder of TMP 07600-00-00-055CO3 This entrance shall be modified to he
used for left turn movements from .5`h Street and right-in/right out traffic movements only. as shown on
the Conceptual Plan. The modified entrance shall meet Virginia Department of Transportation
("VDOT") standards 'Or commercial entrances and will he constructed in conjunction with
sftare 'Imre
improvements shown on the first final site plan. The Owner shall provide for an additional
interconnection and ingress and/or egress for the use on the remainder of TMP 07600-00-00-055CO3 as
shown on the Conceptual Plan, in conjunction with improvements shown on the first final site plan.
4. All off-site traffic improvements and on-site improvements designed to manage ingress and
egress to 5th Street shown on the Conceptual Plan shall he completed prior to the first certificate of
occupancy, provided that any off-site traffic improvement shown on the Conceptual Plan shall not be
required if VDOT determines that the particular off-site traffic improvement is not required.
5. By Deed of Dedication and Easement and Bill of Sale dated April 1, 2008, recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 3580, pages 497-505
("Easement"), Owner granted an Easement to the County of Albemarle providing access over the
Property to the County's Greenway Trail,
A. In addition to the screening requirements of the Albemarle County Architectural
Review Board and Section 32.7.9 of the Albemarle County Zoning Ordinance, the
Owner shall provide a vegetated buffer for the purposes of screening the
development from the Greenway Trail shown on the Conceptual Plan. This
vegetated buffer shall be provided in a manner consistent with Section 32.7.9 of the
Albemarle Zoning Ordinance and the landscaping shall be shown on the final site
plan and installed as part of any construction shown on the final site plan for
development of the Property.
B. The Owner shall construct a vehicular and pedestrian travel way ("Travel Wav')
from the proposed parking arca to the edge of the Greenway Trail, in the
approximate locations shown on the Conceptual Plan. The Travel Way shall be
constructed to meet Class A (low maintenance multi-use/shared use path) standards
in accordance with the County's Design Standards Manual. The Travel Way shall
be shown on the first final site plan and installed by the Owner in conjunction with
the improvements shown on the first final site plan approved for development of the
Property. The Travel Way shall be maintained by the Owner.
C. To the extent the location of the Travel Way on the Conceptual Plan is inconsistent
with the locations shown on the Easement, the Owner shall, at its sole expense,
prepare and execute an easement and accompanying easement plat, if necessary, in a
form acceptable to the County of Albemarle, to correct the location of the Easement.
6. The Owner shall select and use roof materials on Buildings A, B and C, as shown on the
Conceptual Plan, that are non-reflective earth tone or brown stone colors,and that are in general accord
with the Monticello view shed guidelines as promulgated by the Thomas Jefferson Foundation.
7. The Owner shall provide for bicycle access to the Property by inclusion of bicycle lanes in
its improvements to the frontage of 511ISt. The bicycle lanes shall be shown on the first final site plan
and installed by the Owner in conjunction with the improvements shown on the first final site plan
approved for development of the Property.
8. The Owner shall grant an easement to the County for the "Primitive Trail Connection" as
shown on the Conceptual Plan, provided that the deed of casement to the County may include a
provision in which the County holds the Owner harmless as provided in Virginia Code § 29.1-509(E).
The easement shall be granted within 90 days of the County's request for the trail easement. The
Primitive Trail Connection shall be for pedestrian access only and shall be constructed to meet Class B
(primitive nature trail) standards in accordance with the County's Design Standards Manual. The
Primitive Trail Connection shall be shown on the first final site plan and installed by the Owner in
conjunction with the improvements shown on the first final site plan approved for development of the
Property. The Primitive Trail Connection shall be maintained by the Owner; however, at its discretion,
the County may assume maintenance of the Primitive Trail Connection by informing Owner in writing
that it will take over maintenance of the Primitive Trail Connection.
OWNER:
FTV Investments, LI C. a Virginia limited liability company
BY: 11240'44 i
.Its: Manager
COMMONWEALTH OF VIRGINIA:
CITY/COUNTY OF ALBEMARLE, to-wit:
The foregoing Proffer Statement was acknowledged before me this 1st day of September, 2016,
by E. Randall Ralston, as Manager of FTV Investments, LLC, a Virginia limited liability company.
My commission expires: alAJ, 4
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Notary Registration Number
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AREA SUMMARY FOR REZONING
Nu, Portion of TM? 76-55A . 0.701 Acres
' leD • , r.,:e., Portion of 7.11P 78M1 1 ., 2,840 Acres
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W TME-78).7.516-6,0_,L.429-Aem
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Total 3,971 Acrc
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14.. , 8.8;8:1'8' AREA SUMMARY__ E:l,TR,..6,46cM, PLIFE ER
Portion of TMP 76-55A „„,. 0.174 Acres
Foto/ , 0 875 Acres
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,,. TOTAL AREA FOR ZMA 1999-013 9 4,346 Acres __ -
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fAX MAP 76, PARCELS 55A A 55C
, 1411 Sachem Phi ce,Suite Oro' 5711 S'i' LEI COMMi RCM', CENTER
CharIoltesville,VA 22901
DISTRICT COUNTY, VIRGINIA
(P)434::t2 0121
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FILE PA G PATE: OCTOBER 19, 201'
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AllACHMENT B
24.2 PERMIYIED USES
24.2.1 BY RIGHT
The following uses shall he permitted in any lIC district, subject to the applicable requirements of this
chapter. Thc 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.
1. Automobile laundries.
2. Automobile, truck repair shops.
3.-Ai4omobile-ser-viee-stations(referei .
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges(reference 5.1.02).
7. Convenience stores.
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations(reference 5.1.09).
14. Funeral homes.
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. Water, sewer, energy and communications distribution facilities.
Now ,......"
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36. Public uses(reference 5.1.12).
37. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18).
38. Indoor theaters.
39. I'eating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8).
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1.
42. Indoor athletic facilities.
43. Farmers'market (reference 5.1.47).
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
45. Tier I and Tier 11 personal wireless service facilities(reference 5.1.40).
46. Storage yards.
47. Laboratories/Research and Development/lixperimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the hoard of
supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area()Utile
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does not
exceed 4,000 square feet per site; provided that the gross floor area of the establishment may exceed
4,000 square feet per site by special exception approved by the board of supervisors.
50. Drive-through windows (reference 5.1.60). (Added 3-2-16)
24.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the LIC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls.
"?. Septic tank sales and related service.
. • .. . . .
- - .
4. Veterinary office and hospital (reference 5.1.11).
Zied..54:-D-Five-in-theaters-(fefer-elic-el:08-):
Energy and communications transmission facilities (reference 5.1.12).
7. Ilospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. 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.
10. Commercial kennels - indoor only (reference 5.1.11).
11. Stand-alone parking and parking structures (reference 4.12, 5.1.41).
12. (Repealed 3-2-16)
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.
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0).
15. Animal shelter(reference 5.1.1 1).
16. Tier III personal wireless service facilities (reference 5.1.40).
17. Body shops.
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