Loading...
HomeMy WebLinkAboutZMA201500004 Action Letter 2018-08-14COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 T Fax (434) 972-4126 - January 27, 2015 Steven W Blaine, Esq 123 East Main Street Charlottesville, VA 22902 RE: ZMA-2015-00004 Commonwealth Senior Living Dear Mr. Blaine: On December 2, 2015 the Board of Supervisors took action on your Zoning Map Amendment application to amend the attached proffers on TMP 07800-00-00-058A1 in the Rivanna District. The Zoning Map Amendment permit was approved by the Board's adoption of the attached ordinance and proffers. Before beginning uses as allowed by this Zoning Map Amendment see the attached letter of determination. If you have questions regarding the above -noted action, please contact Rebecca Ragsdale at (434) 296-5832. Sincerely, David Benish (Acting) Director of Planning cc: Gordonsville Realty Investments Inc 200 Garrett St Suite O Charlottesville, Va. 22902 *Attachment* ORDINANCE NO. 15 A(6) ZMA 2016-00004 COMMONWEALTH SENIOR LIVING AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX MAP AND PARCEL, NUMBER 07800-00-00-066A1 WHEREAS, the application to amend the zoning map for Tax Map and Parcel Number 07800- 00-00-055A1, (the "Property"), Is identified as ZMA 2015-00004, Commonwealth Senior Living ("ZMA 2015-04"); and WHEREAS, the zoning of the Property, together with Tax Map and Parcel Number 07800-00- 00-055A5 ("TMP 78-55A5"), was amended by ZMA 1999-01 on January 12, 2000, to rezone the Property from R-10 to PRO "to allow assisted living and independent living uses; and WHEREAS, the zoning of the Property, together with TMP 78-55A5, was again amended by ZMA 2001-11 on October 3, 2001 with revised Proffers to allow road access; and WHEREAS, ZMA 2015-04 proposes to amend the Proffers and the Application Plan applicable to the Property in order to increase the number of allowable assisted living and independent living units from 100 to up to 140; and WHEREAS, on October 20, 2015, after a duly noticed public hearing, the Planning Commission recommended approval of ZMA 2015-04, provided that technical revisions were made to the proffers, and such revisions have since been made. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon consideration of the staff report prepared for ZMA 2015-04 and its attachments, including the proffers revised after the Planning Commission public hearing, the information presented at the public hearing, the material and relevant factors in Virginia Code § 15.2-2284, and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board hereby approves ZMA 2015-04 with the Proffers dated November 23, 2015, and the Application Plan dated July 6, 2015, with sheets 1 and 3 of 3 last revised September 25, 2015 and sheet 2 revised August 17, 2015, and the zoning map for Tax Map and Parcel Number 07800-00-00-055A1 is amended accordingly. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meetinAlkeld on December 2, _2015. rk, Mr. Boyd Y Ms. Dittmar _Y Ms. Mallek Y Ms. McKee) Y Ms. Palmer Y_ Mr. Sheffield Y Supervisors Original Proffers Amendment X PROFFER STATEMENT ZMA No, 2015-00004 Commonwealth Senior Living Proffer Amendment Tax Map and Parcel Number(s): 07800.00.00-U5SAl Owner(s) of Record: Osprey/Pantops Place LLC Date of Proffer Signature: November?—,';, 2015, last revised November 5, 2015 3.951 acres zoned PRD Osprey/Pantops Place LLC is the owner ("Owner") of Tax Map and Parcel Number 07800.00- 00-OSSAI which is subject to this zoning map amendment (the "Property'). The Property is a portion of the property that was the subject of rezoning applications ZMA 1999-001 and ZMA 2001-011, for a project then known as "Pantops Place," (the "Pantops Place Rezoninge). The portion of the overall Pantops Place Rezonings property affected by these Proffers consists of an existing building of approximately 110,000 square feet that will be internally reconfigured to convert various independent living units into assisted living units to result In a greater number of assisted living units than that which was envisioned in ZMA 2001.011 and will now be referred to as "Commonwealth Senior Living" (the "Project"). ZMA 1999-001 and ZMA 2001-01 i also pertained to Tax Map and Parcel Number 07$00.00-00- 055A5. Pantops Place Limited Partnership is the owner of Tax Map and Parcel Number 07800- 00-00-055A5 which consists principally as open space (the "Open Space"). The Property and the Open Space were subject to Proffers dated January 5, 2000 and August 28, 2001 (the "Previous Proffers) as part of the actions approving rezoning applications ZMA 1999-001 and ZMA 2001- 011. These Proffers are intended to amend the Previous Proffers as they relate to the Property only; the Open Space therefore will still be subject to the Previous Proffers, to the extent applicable, unless or until the Previous Proffers are amended with respect to the Open Space. Pursuant to Section 33 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if It is rezoned to the zoning district identified above. These conditions are proffered as a part of the proposed rezoning, and the Owner acknowledges that the conditions arse reasonable. I.Residential density limits shall be as follows: The building containing the Assisted Living units and the independent Living units will be no greater than 110,010 square feet. The total number of Assisted Living units and Independent Living units together shall not exceed 140. The Owner reserves the right to adjust the ratio of Assisted Living to Independent Living units for this site based on the parking requirements as described on sheet 3 of the Application Plan. 174 a) Vehicular access to the Property from Route 250 East shall be limited to a single location via Pantops Mountain Place, as shown on the Application Plan. b) The Owner shall provide for access to the adjoining property described as Albemarle County Tax Map 78, parcel 55A7 in the general location shown on that certain Application Plan for Peter Jefferson Overlook, dated October 18, 2010, attached. C) The Owner shall provide shuttle service at a minimum of three (3) times a week to convey residents to appointments, shopping, and other destinations. 3. The Owner shall maintain a 15 foot wide buffer on the property along its entire common boundary with the Glenorchy subdivision as shown on the Application Plan prepared by McKee Carson, entitled Pantops Place, sheet 2 of 3, dated October 19, 1999. The 15 foot buffer shall be shown on any approved site plan for the Property. The purpose of this buffer is to ensure the preservation of an existing fieldstone wall and a mature hedgerow along this common boundary line. The existing fieldstone wall shall not be removed or modified No plant removal, other than dead, diseased or noxious vegetation shall talm place In this area. Only limited grading as shown on the approved site plans shall be permitted, and new beneficial plant material may be sensitively introduced to augment the efficacy of the hedgerow as a screening element. Pedestrian access to this area shall not be restricted. 4. The Owner shall not disturb the existing natural and landscaped screening along or adjacent to the Glenorchy subdivision, to ensure that the service areas for existing or future buildings will be properly screened from the Gleaorchy subdivision. This Proffer Statement may be executed In any number of counterparts, each of which shall be an original and WI of which together shall constitute but one and the same instrument. WITNESS the following signatures: OWNER: OspreylPantops Place LLC, a Delaware limited liability company By: Richard d. Corey, Presid