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Home My WebLink AboutAP201800001 Action Letter Appeal to BOS 2018-12-05 OF A a �uln 8®Q= • COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 December 10, 2018 Route 29, LLC P.O. Box 5548 Charlottesville, VA 22905 RE: Board of Supervisors Action AP201800001 — Proffer Violation for Hollymead Town Center (HTC) Route 29, LLC (owner) Tax Map: 03200-00-00-042A0, 03200-00-00-04400, 04600-00-00-00500 and 04600-00-00-005A0 (owners: Route 29, LLC, ARCP KO Charlottesville, VA, LLC, and the County of Albemarle) ' Dear Sir or Madam: At their meeting on December 5, 2018, the Board of Supervisors voted 6-0 to deny the appeal referenced above. This action upholds the August 7, 2018 determination of violation. If you are aggrieved by this decision, you have the right to appeal it within thirty (30) days of the date of the decision, in accordance with Section 15.2-2285(f) of the Code of Virginia. If you do not file a timely appeal, this decision shall be final and unappealable. An appeal shall be taken only by filing a petition specifying the grounds on which aggrieved with the Circuit Court of Albemarle County within the prescribed thirty (30) days. If you have any questions, please feel free to contact our office. Sincerrelly,�� j� ,ir wt/I,c-Ce� V r CC t 66,,, Amelia McCulley _U Zoning Administrator cc: Pete Caramanis 200-C Garrett Street Charlottesville, VA 22902 Attachment: Resolution RESOLUTION DENYING ROUTE 29 LLC'S APPEAL AND AFFIRMING THE ZONING ADMINISTRATOR'S AUGUST 7,2018 DETERMINATION WHEREAS,on December 11,2013,the Albemarle County Board of Supervisors approved ZMA 2012-005 Hollymead Town Center Al with proffers;and WHEREAS,Proffer 4 requires the contribution of$50,000 cash per year to the County for a period of ten years and a total cash contribution of$500,000 to be used for operating expenses relating to public transportation service to Hollymead Town Center;and WHEREAS,Proffer.4 requires the first payment to be made within thirty days after demand by the County after public transportation service is provided to Hollymead Town Center,and payments two through 10 to be made by the anniversary date of the first contribution;and WHEREAS, public transportation service was established to the Hollymead Town Center on May 2,2016 and is ongoing,and on May 20,2016,the first$50,000 contribution was requested in writing to be paid to the County by June 20,2016;and WHEREAS,Route 29 LLC did not make the payment,and filed suit against the County seeking relief from the requirements of Proffer 4;and WHEREAS,on May 7,2018,the first three contributions of$50,000 each,or$150,000,was requested in writing to be paid by June 18,2018,and Route 29 LLC did not make the payment;and WHEREAS,on August 7,2018,the Zoning Administrator issued a Notice of Official Determination of Violation to Route 29 LLC for failure to pay the amount due pursuant to Proffer 4;and WHEREAS,Route 29 LLC appealed the Zoning Administrator's August 7,2018 determination to the Board as provided by Virginia Code§ 15.2-2301,asserting that Proffer 4 should have been previously amended and should still be amended. NOW,THEREFORE,BE IT RESOLVED that,upon consideration of the foregoing,the executive summary prepared for the Appeal of the Zoning Administrator's Determination and all of its attachments,and the information presented at the Board'of Supervisor's December 5,2018 meeting,the Albemarle County Board of Supervisors hereby denies Route 29 LLC's appeal and affirms the Zoning Administrator's August 7,2018 determination that Route 29 LLC is in violation of Proffer 4 because public transportation service is provided and Route 29 LLC has failed to make three annual$50,000 contributions to the County for a total of$150,000,and has thereby failed to satisfy Proffer 4 accepted in conjunction with ZMA 2012-005. • sr +r I,Claudette K.Borgersen,do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of six to zero, as recorded below,at a meeting held on December 5,2018. te<pe - Clerk,Board of County Superv. An Nay Mr.Dill Y j Mr.Gallaway Y Ms.Mallek Y _ Ms.McKeel Y Ms.Palmer Y Mr.Randolph Y FAX (434) 972-4126 COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road Charlottesville, Virginia 22902-4596 TELEPHONE (434) 296-5832 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION The Date this Notice of Determination is given is August 7, 2018. REGISTERED MAIL # RE 234 267 096 US Route 29 LLC (Owner) Wendell Wood, Manager PO Box 5548 Charlottesville, VA 22905 Property: Hollymead Town Center Area A-1 03200-00-00-042A, 03200-00-00-04400 (portion), 03200-00-00-04500 (portion) and 04600-00-00-00500 (portion) Zoning: PD-MC-Planned Development Mixed Commercial District Dear Mr. Wood: TTD (434) 972-4012 No: VIO-2018-153 Same as Above Owner of Record This notice is to inform you that the above -described Property is in violation of the Albemarle County Zoning Ordinance due to unsatisfied proffers from ZMA-2012-00005. Proffer 4 specifically provides: " Public Transit Operating Expenses — Within thirty days after demand by the County after public transportation service is provided to the Project, the Owner shall contribute $50,000 cash to the County to be used for operating expenses relating to such service, and shall contribute $50,000 cash to the County each year thereafter for a period of nine (9) additional years, such that the cash contributed to the County pursuant to this Proffer 4, shall total Five Hundred Thousand Dollars ($500,000). The cash contribution in years two through ten shall be paid by the anniversary date of the first contribution." By letter dated May 20, 2016, the County made demand for the first $50,000 cash contribution under this proffer by June 20, 2016. A second annual payment was due in 2017. The County further sent a reminder VIO-2018-153 Page 2 August 7, 2018 letter on May 7, 2018, demanding payment of the third required annual payment by June 18, 2018. All the three required payments have yet to be made. These proffer violations are unlawful violations of the Zoning Ordinance, and may result in civil penalties, criminal penalties, injunctive relief and/or other remedies, pursuant to Albemarle County Code § 18-36. This letter is also to order you to comply with the above proffers by September 6, 2018. Failure to comply with these proffers may result in legal action being taken against you and any other owner, tenant or other responsible party. Your timely compliance with this order does not excuse the violations cited herein and does not preclude the County from pursuing further legal action for these violations. Pursuant to Virginia Code § 15.2-2301: "Any zoning applicant or any other person who is aggrieved by a decision of the Zoning Administrator made pursuant to the provisions of Virginia Code § 15.2-2299 may petition the governing body for review of the decision of the Zoning Administrator. All petitions for review shall be filed with the zoning administrator and with the clerk of the governing body within thirty (30) days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved. A decision by the governing body on an appeal taken pursuant to this section shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided written notice of the zoning violation, written determination, or other appealable decision. An aggrieved party may petition the circuit court for review of the decision of the governing body on an appeal taken pursuant to this section. The provisions of subsection F of Virginia Code § 15.2-2285 shall apply to such petitions to the circuit court, mutatis mutandis." In accordance with Virginia Code § 15.2-2299, failure to meet all conditions of ZMA-2012-005 shall constitute cause to deny the issuance of any of the required use, occupancy, or building permits. If you have any questions, please contact Lisa Green, Senior Code Compliance Officer, at 434-296- 5832 ext. 3013. ,� (. / R 4 � �JP(3 1, r, Amelia G. McCulley, Ad.C.P. Zoning Administrator County of Albemarle RE 234 267 096 US AUTHENTICATION OF RECORD/ CERTIFICATE OF MAILING (Code of Virginia § 8.01-390) (Notice of Official Determination of Violation) 1, L/SA �s9eEW , hereby certify: 1. that I am a Code Enforcement Officer and an employee of the Albemarle County Department of Community Development; 2. that on U�rr 07 , 20 /8 , I mailed a true copy of the record attached hereto, consisting of a Notice of Official Determination of Violation dated AaXyyT 7 20/F pertaining to that property identified as Parcel ID Number(s) D32 p32-LK to the recipient(s) identified thereon at the address(es) specified thereon; and 3. that the copy of such record which is attached hereto is a true copy of the record that was mailed. Dated: $b /20/2 Signed COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing Authentication of Rec ord/Certificate of Mailing was signed, sworn to and acknowledged before me by /r& ZCaw,&,A"bemarle County Code Enforcement Officer, this day of , 20 -g—. Notary Public My Commission Expires: Zj' P'.l_AN ciA{ y �ji Notary Registration No. 77 (o - n : REG. A774770 EAD �Zy .. � N