HomeMy WebLinkAboutZMA200400010 Action Letter 2004-10-22
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5823
October 22, 2004
Valerie W. Long
McGuireWoods LLP
P.O. Box 1288
Charlottesville, VA 22901
Fax (434) 972-4126
RE: ZMA 2004-010 UVA Research Park Amendment (Sign #96); Tax Map 76 Parcels 178, 178(1),
178(2),178(3),178(5),178(6),178(7),178(8), 178(X), and 178(W)
Dear Ms. Long:
The Board of Supervisors approved your request to amend existing proffers for the above item on October
13.2004. Your request to amend existing proffers for 5.9 acres in Fontaine Research Park, zoned CO,
Commercial Office, and EC, Entrance Corridor, to allow an increase of 40,000 square feet, for a maximum
of 535,000 square feet of research and laboratory space was approved in accordance with the attached
proffers dated October 13, 2004. An application plan/plan of development titled "Fontaine Research Park
Master Plan" and dated August 18, 2000 was approved as part of the rezoning. Please refer to these
documents for any future applications and requests on this property.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property may lawfully begin until all applicable approvals
have been received and conditions have been met. This includes compliance with:
· compliance with applicable PROFFERS;
· approval of and compliance with a SITE PLAN;, and
· approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above-noted action, please do not hesitate to contact
Keith Lancaster at 296-5832.
Sincerely,
Cc:
Tex Weaver ' Chuck Proctor
U.w·,
V. WaY~berg
Director of Planning
Keith Lancaster
Steve Allshouse
Lrf2C;l1�ZA
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
September 17, 2004
Valerie W. Long
McGuireWoods LLP
P.O. Box 1288
Charlottesville, VA 22902
RE: ZMA- 2004 -010 UVA Research Park Amendment (Sign #96): Tax Map 76 Parcels 176, 176(1),
17B(2), 17B(3), 17B(5), 17B(6), 17B(7), 17B(8), 17B(X), and 17B(W)
Dear Ms. Long:
The Albemarle County Planning Commission, at its meeting on September 14, 2004, unanimously deferred
the above -noted petition. Therefore, this item has been rescheduled for public hearing as follows:
ALBEMARLE COUNTY PLANNING COMMISSION — TUESDAY, SEPTEMBER 28, 2004
ALBEMARLE COUNTY BOARD OF SUPERVISORS — WEDNESDAY, OCTOBER 13, 2004
The Albemarle County Planning Commission will meet at 6:00 p.m., Meeting Room #241, Second Floor,
County Office Building, 401 McIntire Road, Charlottesville, Virginia. The Albemarle County Board of
Supervisors meeting begins at 6:00 p.m. You will receive a copy of the staff report and tentative agenda one
week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE
PRESENT AT BOTH OF THESE MEETINGS.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Susan Thomas, AICP
Senior Planner
Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse
ZMA - 2004-010
PROFFERS
FONTAINE RESEARCH PARK
October 13, 2004
TAX MAE PARCELS 76-17B, 17B(I), 17B(2), 17B(3), 17B(5), 17B(6), 17B(7), 17B(8),
.
17B(X), and 17B(W).
53.52 Acres, Zoned Commercial Office (CO)
Pursuant to Section 33.3 of the Albemarle County, Virginia Code (the "Code"), and
consistent with the Water Protection Ordinance, or "Ordinance" (Chapter 17 of the Code) the
Owners (as defined below), or their duly authorized agents, hereby voluntarily proffer the
conditions listed below which shall be applied to the property. The proffers contained herein
supersede all previous proffers pertaining to the above-referenced parcels. Any previous proffers
applicable to such parcels have either: i) been fully satisfied, ii) are no longer applicable, or iii)
have been incorporated in their entirety into these proffers. These conditions are proffered as part
of the requested zoning (ZMA 2004-010) and it is agreed that: 1) the rezoning itself gives rise to
the need for the conditions; and 2) such conditions have a reasonable relation to the rezoning
request.
The Applicant of ZMA 2004-010 is the University of Virginia Foundation (the
"Applicant"), successor to the University of Virginia Real Estate Foundation, which is successor
to UREF Research Parks, Inc. The owners of parcels of land within the Fontaine Research Park
include the University of Virginia Foundation, the University of Virginia Health Services
Foundation, and the Rector and Visitors of the University of Virginia (collectively, the
"Owners").
1. Proffer number 1 from ZMA 2000-04 has been satisfied.
2. Development shall substantially adhere to the Fontaine Research Park Master Plan, prepared
by Draper Aden Associates, last revised August 18,2000 ("Master Plan"), submitted with the
proffers for ZMA 2000-04, which proffers were accepted as part of the Board of Supervisors
approval of ZMA 2000-04 on September 20, 2000. The Master Plan replaces in its entirety
all previous proffered plans, including the Zoning Application Plan, dated May 1992, and
prepared by McKee/Carson.
3. Proffer number 3 from ZMA 2000-04 has been satisfied. The pedestrian path that was
constructed pursuant to proffer number 3 from ZMA 2000-04 is located within the common
areas of the Research Park and will be maintained by the Owners under a common
maintenance agreement, until such time as the common areas are conveyed to The Fontaine
Research Park Association (or such other name as may be selected pursuant to the Declaration
of Protective Covenants and Restrictions for Fontaine Research Park, dated January 20, 1993,
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, ,
and recorded at the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia
in Deed Book 1286, page 604) at which time the path will be maintained by the Association.
4. The University of Virginia Foundation will construct a pedestrian system within the Research
Park, in general confonnance with the system shown on the Master Plan. Specific features for
conformity shall include pedestrian connection from buildings to other buildings and parking
areas.
5. The University of Virginia Foundation will limit total development on the site to 535,000
square feet of floor area. Support commercial uses shall be limited in building area to 20,000
square feet of gross floor area.
6. All buildings will be limited to four stories in height. The University of Virginia Foundation
will maintain the existing landscape buffer area to screen the project from Fontaine Avenue
and residential neighborhoods adjoining the Fontaine Research Park.
7. Strict architectural and landscape architectural guidelines and restrictions shall continue to
govern the design and construction of all buildings and parcel specific site development. Such
architectural guidelines and restrictions shall be applied and enforced in accordance with the
Declaration of Protective Covenants and Restrictions for the Fontaine Research Park, dated
January 20, 1993, and recorded at the Clerk's Office of the Circuit Court of the County of
Albemarle, Virginia in Deed Book 1286, page 604.
8. Best Management Practices will be implemented in all areas of earth disturbing activity.
Stonn water management shall be accomplished through a combination of new stonn water
management facilities and modification of existing stonn water and/or erosion control
facilities, as modified and as shown on the Master Plan. All required stonnwater management
and BMP structures are existing and complete as required by the Master Plan. The University
of Virginia Foundation will not create any land disturbance in the area indicated as Resource
Protection Area on the Master Plan, except for pedestrian pathways and the stonn water
management facility, (as shown on the Master Plan) without the approval of the Planning
Commission. The Resource Protection Area is intended to be delineated as all the area within
100 feet of the boundaries of the 100 year flood plain elevations.
9. At such time as the Board of Supervisors approves of a plan of development for a
pedestrianlbicyc1e and greenway improvements for the Morey Creek/Stribling A venue area,
the University of Virginia Foundation shall dedicate a strip of land, at least one hundred feet
(100') in width along Morey Creek up to the Southern Railway right-of-way (as it exists on
September 20, 2000), then north, along the Southern Railway right-of -way to the intersection
of such right-of-way and Stribling A venue (the "Greenway"). The Greenway will be
conveyed in fee simple or in the fonn of an easement, as the Board of Supervisors' approval
may require, and the University of Virginia Foundation shall be responsible for the cost of a
survey and preparing the deed or deed of easement, as applicable. The University of Virginia
Foundation may reserve in such dedication necessary access across the Greenway to the
Southern Railway right-of-way in the event that such right-of-way is ever used for commuter
rail service. The Greenway may be established at any time as detehnined by the Board of
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Supervisors. A pedestrian connection to the Greenway shall be made at such time as
improvements arc made to establish the pedestrian and bicycle paths as part of the Greenway,
and improvements are made to Stribling A venue to include paving and street lights.
10. The University of Virginia Foundation has adopted, and shall continue to implement, a
Transportation Demand Management Plan (TDMP) for the Research Park, incorporating
traffic reduction amenities (such as pedestrian access, as depicted on the Master Plan),
facilitqting employer traffic reduction measures and promoting educational programs. The
TDMP shall offer employee surveys to be conducted by, or with the guidance of, the
Thomas Jefferson District Commission, or a similar organization. Surveys will be available
to develop specific programs for employers within the Research Park tailored to commuter
needs. The TDMP shall stress increased awareness of available alternative transportation
means in and around the University community, including van service between the medical
campuses, University and City transit systems, employee benefits, and parking shuttle
service. The TDMP will establish or promote means for reducing single occupancy vehicle
use, including but not limited to providing educational programs on ridesharing, striping
high occupancy vehicle parking spaces and installing bicycle racks near buildings. The
TDMP shall be available to existing and future employers and employees at the Research
Park via appropriate and effective means.
11. On or before the issuance of a certificate of occupancy for the building identified as the
Future ART (Advanced Research and Technology) Building on the concept plan dated
September 3, 2004, and initialed SET and labeled as Attachment B as part of the staff report
for ZMA 2004-010, the University of Virginia Foundation shall construct at its expense a
bus shelter of a design and in a location to be reasonably determined by the University of
Virginia Foundation upon consultation with University Transit Service, JAUNT, the
University of Virginia Health Services Foundation, and the Albemarle County
Transportation Planner. The shelter shall be of a standard size and design based upon the
projected usage and site constraints, shall include a bench with a back, and shall be
maintained by the Owners under a common maintenance agreement.
Submitted as of the / ;?~ay of October, 2004 by:
UNIVERSITY OF VIRGINIA
FOUNDATION
BY:~ 72,~~
Tim R. Rose, Secretary
UNIVERSITY OF VIRGINIA HEALTH
SERVICES FOUNDATION
By:
Marc Dettmann, Chief Executive Officer
Owner of tax map parcels: 76-17B, 17B(I),
17B(3), 17B(5), 17B(6), 17B(7), and 17B(X)
Owner of tax map parcel: 76-17B(2)
-3-
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
By:
Leonard W. Sandridge, Executive Vice President and
Chief Operating Ç)ffiçer
Owner of tax map parcels: 76-17B(8) and 17B(W)
,
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF /JIbenY/¡//e-, to wit:
The foregoing instrument was acknowledged before me this I~ day of October 2004 by
Tim R. Rose, Secretary of the University of Virginia Foundation.
My Commission expires: ft{~ 3 ~ .2-ðo 7
~(lcúÓt
Notary Public
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this _ day of October 2004 by
Marc Dettmann, Chief Executive Officer of the University of Virginia Health Services
Foundation.
My Commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ,to wit:
The fóregoing instrument was acknowledged before me this _ day of October 2004 by
Leonard W. Sandridge, Executive Vice President and Chief Operating Officer of the Rector and
Visitors of the University of Virginia.
My Commission expires:
\\REA\229619.6
Notary Public
-4-
THE RECTOR ~ 4; OF THE UNIVERSITY OF VIRGINIA
By: Áß~
Leonard W. Sandridge, Executive Vice President and
Chief Operating Officer
Owner of .tax map parcels: 76-17B(8) and 17B(W)
.
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this _ day of October 2004 by
Tim R. Rose, Secretary of the University of Virginia Foundation.
My Commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ,to wit:
The foregoing instrument was acknowledged before me this _ day of October 2004 by
Marc Dettmann, Chief Executive Officer of the University of Virginia Health Services
Foundation.
My Commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Albe....~ to wit:
The foregoing instrument was acknowledged before me this~day of October 2004 by
Leonard W. Sandridge, Executive Vice President and Chief Operating Officer of the Rector and
Visitors of the University of Virginia.
L~9J¿
My Commission expires: ~I Ô II OCø
\\REA\229619.6
Notary Public
-4-
Supervisors. A pedestrian connection to the Greenway shall be made at such time as
improvements arc made to establish the pedestrian and bicycle paths as part of the Greenway,
and improvements are made to Stribling A venue to include paving and street lights.
10. The University of Virginia Foundation has adopted, and shall continue to implement, a
Transportation Demand Management Plan (TDMP) for the Research Park, incorporating
traffic reduction amenltiès (such as pedestrian access, as depicted on the Master Plan),
facilitating employer traffic reduction measures and promoting educational programs. The
TDMP shall offer employee surveys to be conducted by, or with the guidance of, the
Thomas Jefferson District Commission, or a similar organization. Surveys will be available
to develop specific programs for employers within the Research Park tailored to commuter
needs. The TDMP shall stress increased awareness of available alternative transportation
means in and around the University community, including van service between the medical
campuses, University and City transit systems, employee benefits, and parking shuttle
service. The TDMP will establish or promote means for reducing single occupancy vehicle
use, including but not limited to providing educational programs on ridesharing, striping
high occupancy vehicle parking spaces and installing bicycle racks near buildings. The
TDMP shall be available to existing and future employers and employees at the Research
Park via appropriate and effective means.
11. On or before the issuance of a certificate of occupancy for the building identified as the
Future ART (Advanced Research and Technology) Building on the concept plan dated
September 3,2004, and initialed SET and labeled as Attachment B as part ofthe staff report
for ZMA 2004-010, the University of Virginia Foundation shall construct at its expense a
bus shelter of a design and in a location to be reasonably detennined by the University of
Virginia Foundation upon consultation with University Transit Service, JAUNT, the
University of Virginia Health Services Foundation, and the Albemarle County
Transportation Planner. The shelter shall be of a standard size and design based upon the
projected usage and site constraints, shall include a bench with a back, and shall be
maintained by the Owners under a common maintenance agreement.
Submitted as of the 1.2-~day of October, 2004 by:
UNIVERSITY OF VIRGINIA
FOUNDATION
By:
Tim R. Rose, Secretary
UNIVERSITY OF VIRGINIA HEALTH
SERVICES FOUNDATION
By: ~ ~Þr--
Marc Dettmann, Chief Executive Officer
Owner oftax map parcels: 76-l7B, l7B(1),
l7B(3), 17B(5), 17B(6), l7B(7), and 17B(X)
Owner of tax map parcel: 76-l7B(2)
-3-
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
By:
Leonard W. Sandridge, Executive Vice President and
Chief Operating Officer
Owner of tax map parcels: 76-17B(8) and 17B(W)
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ,to wit:
The foregoing instrument was acknowledged before me this _ day of October 2004 by
Tim R. Rose, Secretary ofthe University of Virginia Foundation.
My Commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA
GITY/COUNTY OF jJbe¡ntlr/~, to wit:
The foregoing instrument was acknowledged before me this iL day of October 2004 by
Marc Dettmann, Chief Executive Officer ofthe University of Virginia Health Services
Foundation.
)My Commission expires: /Ylðu-J.3 i. d,()O '7
0{~~f.1~ J-LÅ--fP- tff-
Notary Public
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this _ day of October 2004 by
Leonard W. Sandridge, Executive Vice President and Chief Operating Officer of the Rector and
Visitors of the University of Virginia.
My Commission expires:
\\REA\229619.6
Notary Public
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Lrf2C;l1�ZA
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5823 Fax (434) 972 -4126
October 5, 2004
Valerie W. Long
McGuireWoods LLP
P.O. Box 1288
Charlottesville, VA 22902
RE: ZMA- 2004 -010 UVA Research Park Amendment (Sign #96): Tax Map 76 Parcels 176, 176(1),
17B(2), 17B(3), 17B(5), 17B(6), 17B(7), 17B(8), 17B(X), and 17B(W)
Dear Ms. Long:
The Albemarle County Planning Commission, at its meeting on September 28, 2004, unanimously
recommended approval of the above -noted petition to the Board of Supervisors with the following amended
proffers, as recommended by staff:
1. Proffer number 1 from ZMA 2000 -04 has been satisfied.
2. Development shall substantially adhere to the Fontaine Research Park Master Plan, prepared by
Draper Aden Associates, last revised August 18, 2000 ( "Master Plan "), submitted with the proffers
for ZMA 2000 -04, which proffers were accepted as part of the Board of Supervisors approval of
ZMA 2000 -04 on September 20, 2000. The Master Plan replaces in its entirety all previous
proffered plans, including the Zoning Application Plan, dated May 1992, and prepared by
McKee /Carson.
3. Proffer number 3 from ZMA 2000 -04 has been satisfied.
4. The Applicant will construct a pedestrian system within the Research Park, in general
conformance with the system shown on the Master Plan. Specific features for conformity shall
include pedestrian connection from buildings to other buildings and parking areas.
5. The Applicant will limit total development on the site to 535,000 square feet of floor area. Support
commercial uses shall be limited in building area to 20,000 square feet of gross floor area.
6. All buildings will be limited to four stories in height. The Applicant will maintain the existing
landscape buffer area to screen the project from Fontaine Avenue and residential neighborhoods
adjoining the Fontaine Research Park.
7. Strict architectural and landscape architectural guidelines and restrictions shall continue to govern
the design and construction of all buildings and parcel specific site development. Such
architectural guidelines and restrictions shall be applied and enforced in accordance with the
Declaration of Protective Covenants and Restrictions for the Fontaine Research Park, dated
January 20, 1993, and recorded at the Clerk's Office of the Circuit Court of the County of
Albemarle, Virginia in Deed Book 1286, page 604.
8. Best Management Practices will be implemented in all areas of earth disturbing activity. Storm
water management shall be accomplished through a combination of new storm water
management facilities and modification of existing storm water and /or erosion control facilities, as
modified and as shown on the Master Plan. All required stormwater management and BMP
structures are existing and complete as required by the Master Plan. The Applicant will not create
any land disturbance in the area indicated as Resource Protection Area on the Master Plan,
except for pedestrian pathways and the storm water management facility, (as shown on the
Master Plan) without the approval of the Planning Commission. The Resource Protection Area is
intended to be delineated as all the area within 100 feet of the boundaries of the 100 year flood
plain elevations.
At such time as the Board of Supervisors approves of a plan of development for a
pedestrian /bicycle and greenway improvements for the Morey Creek /Stribling Avenue area, the
Applicant shall dedicate a strip of land, at least one hundred feet (100') in width along Morey
Creek up to the Southern Railway right -of -way (as it exists on September 20, 2000), then north,
along the Southern Railway right -of -way to the intersection of such right -of -way and Stribling
Avenue (the " Greenway"). The Greenway will be conveyed in fee simple or in the form of an
easement, as the Board of Supervisors' approval may require, and the Applicant shall be
responsible for the cost of a survey and preparing the deed or deed of easement, as applicable.
The Applicant may reserve in such dedication necessary access across the Greenway to the
Southern Railway right -of -way in the event that such right -of -way is ever used for commuter rail
service. The Greenway may be established at any time as determined by the Board of
Supervisors. A pedestrian connection to the Greenway shall be made at such time as
improvements arc made to establish the pedestrian and bicycle paths as part of the Greenway,
and improvements are made to Stribling Avenue to include paving and street lights.
10. Proffer number 10 from ZMA 2000 -04 has been satisfied.
11. On or before the issuance of a certificate of occupancy for the proposed Advanced Research and
Technology Building at the Fontaine Research Park, the Applicant shal I construct at its expense a
bus shelter in a location to be reasonably determined by the Applicant upon consultation with
University Transit Service, JAUNT and the University of Virginia Health Services Foundation. The
shelter shall be of a standard size and design based upon the projected usage and site
constraints, and shall include a bench with a back.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on Wednesday October 13, 2004. Any new or additional information
regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days
prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me (434) 296 -5823.
Sincerely,
Susan Thomas
Senior Planner, AICP
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
Lrf2C;l1�ZA
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5823 Fax (434) 972 -4126
October 22, 2004
Valerie W. Long
McGuireWoods LLP
P.O. Box 1288
Charlottesville, VA 22901
RE: ZMA 2004 -010 UVA Research Park Amendment (Sign #96); Tax Map 76 Parcels 17B, 1713(1),
17B(2), 17B(3), 17B(5), 17B(6), 17B(7), 17B(8), 17B(X), and 17B(W)
Dear Ms. Long:
The Board of Supervisors approved your request to amend existing proffers for the above item on October
13, 2004. Your request to amend existing proffers for 5.9 acres in Fontaine Research Park, zoned CO,
Commercial Office, and EC, Entrance Corridor, to allow an increase of 40,000 square feet, for a maximum
of 535,000 square feet of research and laboratory space was approved in accordance with the attached
proffers dated October 13, 2004. An application plan /plan of development titled "Fontaine Research Park
Master Plan" and dated August 18, 2000 was approved as part of the rezoning. Please refer to these
documents for any future applications and requests on this property.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property may lawfully begin until all applicable approvals have
been received and conditions have been met. This includes compliance with:
compliance with applicable PROFFERS;
approval of and compliance with a SITE PLAN;, and
approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above -noted action, please do not hesitate to contact
Keith Lancaster at 296 -5832.
Sincerely,
V. Wayne Cilimberg
Director of Planning
Cc: Amelia McCulley Bill Fritz Tex Weaver Chuck Proctor Steve Allshouse
Keith Lancaster