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Home My WebLink AboutZMA199800002 Action Letter ~ 1/ "J ,--",," L~..._ c=:ZMA ~E3-02.. -. " COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville. Virginia 22902·4596 (804) 296-5823 October 21, 1998 Richard Jones POBox 5306 Charlottesville, VA 22905 RE: ZMA-98-02 Airport Road Limited Partnership Tax Map 32, Parcel41B Dear Mr. Jones: .e Albemarle County Board of Supervisors, at its meeting on October 14~ 1998, approved the above-noted request to rezone 2.5 acres fÌom Rural Areas to C-l. Please note that this approval is subject to proffers as set out on the attached Proffer Form, signed by Richard H. Jones, General Partner, Airport Road Limited Partnership, dated October 6, 1998. '\ If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, - ~~~erg ! Director of Planning &;Co ty Development VWC/jcf Cc: Amelia McCulley Jack Kelsey Steve Allshouse Tex Weaver ~ . r-, . r. ~ . Original Proffer _ Amended Proffer (Amendment # ---J PROFFER FORM Date: SeDtember 22. 1998 ZMA# 98-02 Tax Map Parcel(s) # 003200000041 BO 2.524 Acres to be rezoned from RA to C-1 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent. hereby voluntarily proffers the conditions listed below which shall be applied to the property. if rezoned. These conditions are proffered as a part of the requested rezoning 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 requested. I. The primary use of the site will be for office use and associated parking; however, up to 50% of the total floor area may be used for the uses idenûfied in Section 22 of the Albemarle County Zoning Ordinance in effect on July 24. 1998. as follows: · 22.2.2.1.(a)(I): Antique, gift. jewelry, notion and craft shops · 22.2.2.1.(a)(2): Clothing. apparel and shoe shops · 22.2.2.1.(a)(3): Department store · 22.2.2.1.(a)(4): Drug store, phannacy · 22.2.2.1.(a)(5): florist · 22.2.2.1.(a)(6): Food and grocery stores including such specialty shops as bakery. candy. milk dispensary and wine and cheese shops · 22.2.2. 1. (a)(7): Furniture and home appliances (sales and service) · 22.2.2.1.(a)(8): Hardware store · 22.2.2. 1. (a)(9): Musical instruments · 22.2.2. 1. (a)(lO): Newstands, magazines, pipe and tobacco shops · 22.2.2. 1. (a)(ll): Optical goods · 22.2.2. 1. (a)(l2): Photographic goods · 22.2.2.1.(a)(l3): Visual and audio appliances · 22.2.2.1.(a)(14): Sporting goods · 22.2.2. 1. (a)(l5): Retail nurseries and greenhouses · 22.2.2. 1. (b)(2): Barber, beauty shops · 22.2.2.1.(b)(3): Churches, cemeteries · · · · 22.2.2.1.(b)(4): Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2) ~ · 22.2.2.1.(b)(5): Financial institutions · 22.2.2. 1. (b)(6): Fire and rescue stations (reference 5.1.9) · 22.2.2.1.(b)(8): Health spas · 22.2.2.1.(b)(IO): Laundries, dry cleaners · 22.2.2.1.(b)(1l): Laundromat (provided that an attendant shall be on duty at all hours during operation. · 22.2.2.1.(b)(12): Libraries, museums · 22.2.1.(b)(13): Nurseries, day care centers (reference 5.1.6) · 22.2. 1. (b)(14):Eating establishments · 22.2.1.(b)(15): Tailor, seamstress · 22.2.1.(b)( 17): Electric. gas, oil and communication facilities excluding tower structures and including poles, lines, transfonners, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution arid sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority · 22.2.1.(b)(18): 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) ~ r '" · 22.2.1.(b)(19): Temporary construction uses (reference 5.1.1) · 22.2.1.(b)(20): Dwellings (reference 5.1.21) · 22.2.1.(b)(21): Medical center · 22.2.1.(b)(23): Temporary nonresidential mobile homes · 22.2.1.(b)(24): Indoor athletic facilities · 22.2.1.(b)(25): Fanners' market (reference 5.1.36) 2. Special uses for the property shall include those uses identified in Section 22.2.2 of the Albemarle County Zoning Ordinance in effect on July 24, 1998, as follows: · 22.2.2.(1): Commercial recreation establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls · 22.2.2.(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 radio-wave transmission and relay towers, substations and appurtenances · 22.2.2 (4): Fast food restaurant ~ ~' . r. r. . 22.2.2.(5): Veterinary office and hospital (reference 5.1.11) · 22.2.2.(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. · 22.2.2.(9): Parking structures located wholly or partly above grade · 22.2.2.(10): Drive-in windows serving or associated with permitted uses 3. As depicted on a certain physical survey of Roger W. Ray & Assoc.. dated September 22, 1998. captioned "Parcel X. Parcel Y and Residue, The Property of Airport Road Limited Partnership." (the "Plan. attached hereto and incorporated herein: a. The applicant will dedicate Parcel "X' to the Commonwealth or its appropriate agency for the Commonwealth's use in widening and realigning Airport Road within a route selected as of the date of this application (the "Road Project"). Parcel "X' shall be the lesser of 0.235 acre or that amount of applicant's property actually comprising a portion of Airport Road, as realigned upon completion of the Road Project. b. During a period of the earlier of five (5) years following September 29, 1998 or the completion of the Road Project as it affects the applicant's property, the applicant shall not construct a building, structure or other improvement., other than an accessway. in that 0.336·acre portion of the property shown as Parcel "Y" on the Plat However, under no circumstances shall this agreement with respect to Parcel Y restrict or limit access to or development of (i) the remaining portion of the applicant's property not subject to dedication or easement as referenced herein and (ü) that portion of Parcel Y over which the temporary easement rights referenced herein are not being exercised or will not need to be exercised. c. For a period expiring on September 29. 2003 or on the date of completion of the Road Project as it affects the applicant's property, whichever first occurs. the applicant agrees to grant reasonable and temporary construction and grading easement(s) over, on and upon Parcel Y for use as and when that portion of the Road Project affecting the applicant's property is being constructed. On September 29, 2003 or the date of completion of such construction, whichever first occurs, any such temporary easement(s) shall be deemed null and void, and the County or the Commonwealth, or the appropriate agency of either, shall execute such document(s) as the applicant may reasonably request in order to contino the release of Parcel Y back to the applicant and the relinquishment by the County or the Commonwealth, or both, of any easement rights related thereto. 4. Building and parking setbacks on the property shall be measured from the anticipated property line based on the :final road design plans, if the property is developed before completion of the Airport Road widening project. ¿~;Z~ ¡¿,'cleW{ 15. JP>1C' > , 6l'w",./ øt tz,t~- Printed Names of All Owners ? ct/2Z,/1 r Date OR Signature of Attorney-in-Fact Printed Name of Attorney-in-Fact