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Home My WebLink AboutZMA200500008 Approval - County 2006-01-11 t:.. ,.- 1 i COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 January 26, 2006 Frank D. Cox, Jr. The Cox Company 220 East High Street Charlottesville, V A 22902 RE: ZMA 2005-008 Pantops Park (Sign #14); AND SP 2005-015 Virginia National Bank at Pantops (Sign #57) Tax Map 78 Parcel 16 Dear Mr. Cox: The Board of Supervisors approved your rezoning application on January 11, 2006. Your rezoning of 4.87 acres from HC (Highway Commercial) to NMD (Neighborhood Model District) was approved in accordance with the attached proffers dated December 20, 2005 (Version #7). An application plan prepared by the Cox Company, last revised November 11,2005, and a Code of Development were approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. In addition, the Board approved your requested WAIVER of the Neighborhood Model residential requirement that each district shall have at least two housing types. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: . compliance with applicable PROFFERS; . compliance with requirements of the CODE OF DEVELOPMENT; . compliance with conditions of the SPECIAL USE PERMIT; . approval of and compliance with a SITE PLAN; and . approval of a ZONING COMPLIANCE CLEARANCE. Additionally, the Albemarle County Board of Supervisors took action on SP-200S-025 to allow for a drive-in window for a bank in accordance with Section 24.2.2 of the Zoning Ordinance on Tax Map 78 Cox Page 2 of2 January 26, 2006 ZMA-2005-008 Pantops Park Parcel 16 in the Rivanna Magisterial District. This special use permit was approved based on the following conditions: 1. Drive-up windows will be limited to three (3); including one to be used for an A TM; 2. Architectural Review Board issuance of a Certificate of Appropriateness; and 3. Applicant is responsible for installation and maintenance of control devices such as signage, and pavement markings as indicated on the site plan. The crosswalk just beyond the drive-up window bays for the bank shall be identified with crosswalk signage on either side of the drive aisle. Please be advised that although the Albemarle County Board of Supervisors took action on the Special Use Permit noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: . compliance with conditions ofthe SPECIAL USE PERMIT;u..--..--n . appFovalofand compliance with a SITE PLAN; and ___.n_______.. . . approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above-noted actions, please do not hesitate to contact Gerald Gatobu or Louise Wyatt at 296-5832. Sincerely, ~ \ Cc: Kimco L C Amelia McCulley Tex Weaver Chuck Proctor Steve Allshouse Gerald Gatobu Louise Wyatt Sarah Baldwin Bruce Woodzell (Real Estate) !.,. .~' - .. ~. t ^"'! Proffer: December 20, 2005 Version # 7 PROFFER FORM Date: December 20, 2005 ZMA # 2005-0008 Pantops Park Tax Map 78, Parcel 16 4.77 Acres to be rezoned from Highway Commercial to Neighborhood Model District Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed herein below which shall be applied to Pantops Park (herein after "the Property") if the Zoning Map Amendment (hereinafter "ZMA") is approved by the County of Albemarle. These conditions are proffered as a part of the requested ZMA and it is agreed that: (1) the ZMA itself gives rise to the need for the conditions, and (2) such conditions have 'a reasonable relation to the rezoning requested. The term "Owner" as referenced herein shall include within its meaning the owner of record of the Property and successors in interest. The term "ZMA Application Plan," prepared by the Cox Company, last revised November 11, 2005, serves as the General Development Plan under Albemarle County Zoning Ordinance ~ 20AA, and is referred to herein as Exhibit A. The term "Code of Development" refers to Exhibit B. The headings of the proffers and conditions set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provisions of the proffers. 1. Construction and Dedication to Public Use of Extension of Spotnap Road: Owner shall design and construct to VDOT public road standards, at no expense to the County of Albemarle or the Commonwealth of Virginia, an extension of Spotnap Road from its present terminus to US Route 250 within the recorded 50 foot access easement which runs from the existing terminus of Spotnap Road to TMP 78-16, and adjacent to the eastern boundary line of TMP 78-16 to US Route 250, as shown on the ZMA Application Plan, including a pedestrian sidewalk along the western side of such extension. The design of the extension shall accommodate vehicular ingress and egress to and from the lower parking lot located on TMP 78-15C, owned by the Albemarle County Service Authority. Owner shall construct an entrance from such parking lot to the extension in conjunction with the construction of the extension. Owner shall complete construction of the extension by the later of twenty-four (24) months after the first final site plan or subdivision plat is approved by the County, or eighteen (18) months after the first building permit has been issued by the County for the construction of a commercial building on the Property. The extension shall be deemed to be complete when it is either accepted by VDOT or bonded for acceptance by VDOT, and the easement on which the extension is constructed on TMP 78-16, if not previously dedicated to 1 .. '. .. the County on a final subdivision plat, has been dedicated to the County in fee simple for public use. If the written consent to the dedication to public use proffered herein is not obtained from the Albemarle County Service Authority, owner ofTMP 78-15C, by February 28, 2006, the portion of this proffer relating to dedication to public use shall be null and void as to portions of the easement located on TMP 78-15C. 2. Improvement and Dedication to Public use of Existing Spotnap Road. Owner shall construct all improvements to Spotnap Road which are required for Spotnap Road to be accepted into the state maintained highway system, and cause the fee interest in Spotnap Road, together with any necessary easements for fills, drainage and sight distance, to be dedicated to public use. Owner shall complete construction of the improvements to Spotnap Road by the later of twenty-four (24) months after the first final site plan or subdivision plat is approved by the County, or eighteen (18) months after the first building permit has been issued by the County for the construction of a commercial building on the Property. If the written consent to the dedication to public use proffered herein is not obtained from the Albemarle County Service Authority, owner of TMP 78-15C, and from the owners of TMP 78-15C4, TMP 78-15C5 and TMP 78-15C7, by February 28,2006 the portion ofthis proffer which relates to dedication to public use shall be null and void. 3. Access Easement for Benefit of Adjoining Properties West of TMP 78-16: Prior to issuance of a Certificate of Occupancy for Building I-A as shown on the ZMA Application Plan, Owner shall (i) convey a recorded private cross-easement for ingress and egress to the extension of Spotnap Road for the benefit of properties adjacent to the western boundary of TMP 78-16 via one point as shown on the ZMA Application Plan, and (ii) construct and pave the travelway at grade within the cross-easement area contained on the Owner's property as depicted by the ZMA Application Plan. 4. Pedestrian Crosswalk Improvements on Riverbend Drive. Owner shall design and construct pedestrian crosswalk improvements in accordance with VDOT standards on Riverbend Drive between its intersections with South Pantops Drive and US Route 250 at a cost not to exceed $20,000.00. Owner shall complete construction of the pedestrian crosswalk improvements by the later of twenty-four (24) months after the first final site plan or subdivision plat is approved by the County, or within eighteen (18) months after the first building permit has been issued by the County for the construction of a commercial building on the Property. [Signature on following page] 2 .. ,..,........... "t" -f/I'. ..... " . The undersigned, which is the sole owner of the Property, hereby proffers that the use and development of the Property shall be in conformance with the proffers and conditions hereinabove and these proffers shall supersede all other proffers and conditions made prior hereto. By: Date: } ~ - d.c:>""~ 0:.,;- r 3 ."" /F i L VIRGINIA POWER E D.B. 442, PG. 6 o N 05002'1.",-" E605. 7' ....-It-- o "-' ) 0 o c I I 0\\ \ \ \ ~ :J\ \ \ ~ .," \l:l \uA> \~ Ii \1: \ ~ \ ,~ \1 \ \9 I~J ~ If I it'''' J----'c:.. ~ . 0 -:::---... 8 \ \ ::::; Q1"2~61lW'17TI1' - --=-- - S 01 "52'06" W 261.72' - ----- ---- ---...-- ----(ji \ \ -----; \ Ihl z o -j m",~ ~~ -t ",,,,m .:Jt s: hi -om"tl Gl~I ATTACHMENT II _z~ o' (3o~ Z;; =I {)X THE COX COMPANY ~~~=ll= ZlOEostHighSfroDf ~:f;:t;:ji9~ Developer: ~6~~o~~~perties, LtC ~ottcsVillc, Virginia P; (434) 817-7249 p, (434) 817.7245 z~ z ~ ..;( - r'V -J 0 ~ Q. ~ <( Z > ul a... Q ~ V') !-: <( a... (5 ~ o :::i ~ t- Q. <( Z Q. 0 <( ..;( >- a... ..;( Z ~O u PRELIMINARY LA YOUT PLAN Job Number: 05-60 Ma 31. 2005 June 23, 2005 Jul 22. 2005 October 3, 2005 October 24, 2005 November 3, 2005 November 11 , 2005 January 3, 2006 Scale: I ~1 1"=20' Sheet No.: ZMA-4 4of7