HomeMy WebLinkAboutZMA201700005 Action Letter 2020-01-30COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone 434 296-5832 Fax (434) 972-4126
January 31, 2020
Justin Shimp, PE
Shimp Engineering PC
201 E Main St, Ste M
Charlottesville VA 22902
RE: ZN A20170000513ollymead Town Center Area C Blocks H and VH
Dear Mr. Shimp
On January 15, 2020 the Board of Supervisors took action on your request to amend the proffers, the code of
development, and the application plan on Tax Map Parcel Numbers 032000000041JO and 032000000041PO in the
Rio District. The application to amend the proffers, the code of development, and the application plan was approved
by the Board's adoption of the attached ordinance and proffer statement.
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 conditions of the ZONING MAP AMENDMENT;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Before beginning uses as allowed by this zoning map amendment or if you have questions regarding the above -
noted action, please contact Rebecca Ragsdale at 296-5832.
Sincerely,
y Reitelbach
Senior Planner
Planning Division
Cc: Post Office Land Trust: Charles WM Hurt & Shirley Hurt
ORDINANCE NO.20-A(1)
ZMA 2017-00005 HOLLYMEAD TOWN CENTER, AREA C, BLOCKS II AND VII
AN ORDINANCE TO AMEND THE PROFFERS AND APPLICATION PLAN
APPROVED WITH ZMA 2001-00020 AND
THE CODE OF DEVELOPMENT APPROVED WITH ZMA 2013-00004
FOR TAX PARCELS 03200-00-00-041JO AND 03200-00-00-041PO
WHEREAS, the application to amend the proffers and the application plan that were approved with ZMA
2001-00020 and the Code of Development that was approved with ZMA 2013-00004 for Tax Parcels 03200-00-00-
041J0 and 03200-00-00-041 PO (collectively, the "Property") is identified as ZMA 2017-00005, Holiymead Town
Center, Area C, Blocks II and VII ("ZMA 2017-05"); and
WHEREAS, the Planning Commission voted to recommend approval of ZMA 2017-05 on June 18, 2019
with the revisions recommended by staff, and recommended that the applicant hold another community meeting; and
WHEREAS, subsequent to the Planning Commission meeting, the applicant held another community
meeting, and submitted a revised proffer statement, application plan, and code of development that addresses staff s
and the Planning Commission's recommendations.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the transmittal summary and staff report prepared for ZMA 2017-05 and their attachments, including
the proposed amended proffer statement, application plan, and code of development, the information presented at the
public hearing, any written comments received, the material and relevant factors in Virginia Code § I5.2-2284 and
County Code § 18-25A, and for the purposes of public necessity, convenience, general welfare and good zoning
practices, the Board hereby approves ZMA 2017-05 with the proffers dated January 3, 2020, the application plan
dated June 19, 2017, with page A2 of 2 last revised on December 18, 2019, and the code of development plan dated
June 19, 2017, last revised on December 18, 2019.
I, Claudette K. Borgersen, 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 five to zero, as recorded below, at a
regular meeting held on January 15, 2020.
Clerk, Board of County upervisors
ye
h
Mr. Gallaway
Y
Ms. LaPisto-Kirtley
Absent
Ms. Mallek
Y
Ms. McKeel
Y
Ms. Palmer
Y
Ms. Price
Y
Original Proffers
Amendment _X
PROFFER STATEMENT
ZMA Number and Name: ZMA2017-00005 Hollymead Town Center Area C Blocks II and VII
Tax Map and Parcel Number(s): 03200-00-00-041P0, 03200-00-00-041JO
Owner(s) of Record: Post Office Land Trust
Date of Proffer Signature: �� /S. �.d c.1 d rz. Y 3 , 2Z0 Z O
Rezone 2.02 acres (TMP 32-41P) from Planned Development Mixed Commercial to Planned Development Mixed
Commercial
Rezone 3.93 acres (TMP 32-41J) from Planned Development Mixed Commercial to Planned Development Mixed
Commercial
Post Office Land Trust is the owner (the "Owner) of Tax Map and Parcels 03200-00-00-041PO and 03200-00-00-041JO
(collectively, the "Property') which is the subject of rezoning application ZMA No. ZMA2017-00005, a project known as
"Hollymead Town Center Area C Blocks 11 and VII" (the "Project").
Pursuant to Section 33.3 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 requested rezoning and the Owner acknowledges that the conditions are
reasonable. Each signatory below signing on behalf of the Owner covenants and warrants that it is an authorized
signatory of the Owner for this proffer statement. This proffer statement amends the proffers applicable to the Project that
were accepted in conjunction with ZMA2001-00020, Hollymead Town Center Area C.
These conditions are proffered as part of the requested zoning 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:
Development shall be in general accord with the Application Plan entitled Rezoning Application Plans for
Hollymead Town Center Regional Service Area C, (Sheets A-1, A-2, only), prepared by Rivanna Engineering &
Surveying, PLC, revised, last revised July 7, 2003 with plan revisions to Sheet A-2 prepared by Shimp
Engineering, P.C. dated December 18, 2019 (collectively, the "Application Plan'). The standards of development
and central features and major elements within the Property essential to the design of the development shall be in
general accord with the Block Exhibit, the Code of Development's Narrative, and the Code of Development's
tables and appendices set forth in the attached Application Booklet, entitled "Revised Application Booklet for
Code of Development ZMA201700005: A Revision to ZMA 201300004 Originally Revised from ZMA 01-20-
2001 (Area C) `At Hollymead Town Center"' dated June 19, 2017 and last revised December 18, 2019. The
Owners have presented, as part of their rezoning application, a number of conceptual plans and illustrations for
various purposes, but principally to provide justification for the rezoning actions they are seeking. Unless
specifically referenced in these proffers, all plans and illustrations submitted as part of the Applicant's rezoning
application, other than the Application Plan as defined above, shall be deemed illustrative only, and such plans
and illustrations shall not be deemed proffers. The Owners reserve the right to reconfigure the internal block
improvements, consisting of buildings, parking and drive aisles and drive -through window features and as shown
on the Application Plan in order to: i) comply with conditions imposed by Special Use Permits, and ii) assure
compliance with ARB requirements and iii) and provide all necessary storm water management and BMP's as
necessary.
2. The Owners of Area C, as shown on the Application Plan (the "Owner") shall cause completion of the following
road improvements that shall be roads constructed to VDOT standards and either be accepted by VDOT or be
bonded for VDOT's acceptance as follows:
A. Construction of Timberwood Boulevard, as depicted on the Application Plan and fixrther described as
follows: i) from the intersection at US Route 29 to a new terminus within Hollymead Town Center that is
shown at the extension of the VDOT fixture road improvement project of Airport Road, this will provide
the connection to Airport Road from Route 29 as previously proffered as part of ZMA-94-08. The
constructed improvements shall include two Eastbound lanes in conjunction with the improvements
designed for TM 32 Parcels 41D1 and 41A to the first dual lane roundabout at access road B and
Westbound lanes of dual left lanes; one thru lane and one continuous right turn lane -from the roundabout
at access road B to the intersection with Route 29, from the roundabout at access road B a two lane
section shall be constructed to the VDOT extension, with additional turn lanes at intersections located in
Area C pursuant to road plans approved by the Virginia Department of Transportation ("VDOT") and the
County as part of the Area C site plan.
B. Construction of dual left turn lanes at the intersection of Route 29 and Timberwood Boulevard, from
northbound Route 29 into Timberwood Boulevard. The turn lane and taper lengths will be
determined with final road plans to be reviewed and approved by VDOT.
C. Signalization at Timberwood Boulevard and Route 29 shall include reconstruction at the Forest Lakes
Subdivision entrance Iodation, as scheduled in coordination with VDOT. All turn movements shall be
signaled at the intersection of Route 29 and Timberwood Boulevard, as approved by VDOT. The
existing intersection exiting Forest Lakes shall be reconstructed to maintain the dual left lanes, the
continuous right turn lane and add a through lane according to the final design in the previous
paragraph.
D. The Owner proffers to dedicate land and construct a third through lane on Route 29 (consisting of lane
width, shoulder and drainage improvements) sorthbound from the entrance road, (Timberwood
Boulevard) at the Property's Northern boundary. The Owner also shall dedicate land or cause to be
dedicated and construct: i) a continuous through lane 500-feet to the Southern boundary of Area C, ii)
a taper lane consisting of a 200 foot taper beginning at the Southern boundary and Route 29 (in the
event area B is not rezoned and their proffers accepted), and iii) a continuous right turn lane starting at
the right -in at the Northern boundary of TM 32 Parcel 41A to the right -in at the Southern entrance of
Area C.
E. Construction of one additional continuous right turn Northbound lane starting 1090 feet south of
Timberwood Boulevard at the location of the beginning of the turn and taper of Worth Crossing and
Route 29, and terminating at Timberwood Boulevard.
F. Access Road C, between Area A and its intersection with Timberwood will be built or bonded before
the issuance ofthe first certificate of occupancy within Area B. If bonded, the road will be constructed
for acceptance by VDOT within one year of the first certificate of occupancy.
The road improvements listed in proffer 2A, 2B, 2C, 2D, 2E and 2F above shall be constructed, in
accordance with road plans submitted by the Owner and approved by VDOT. All of the foregoing
improvements shall be i) constructed to VDOT design standards pursuant to detailed plans agreed to
between the Applicant and VDOT, and ii) accepted by VDOT for public use or bonded for VDOT's
acceptance as a condition for issuance of any certificate of occupancy for Area C improvements
(except as otherwise provided in proffer 2F). The width, Iength, location, (inside median or outside
existing pavement), type of section (e.g., urban vs. rural), and geometrics of all lane improvements
shall be as required by VDOT design standards and detailed plans submitted by the Owner and
approved by VDOT.
3. All road improvements listed in proffer 2 above shall be substantially completed prior to the
issuance of the first Certificate of Occupancy in Area C; notwithstanding the foregoing, the road proffers
described in proffer 2 above shall be satisfied if the Owner has submitted plans for all such road improvements
for review by VDOT, and although such improvements are not fully completed by the issuance of a Certificate
of Occupancy for Area C, sufficient bond has been supplied to satisfy all costs to complete such improvements
in accordance with plans approved by VDOT. Substantially complete for the purposes of these proffers shall
mean approved sub -base gravel, curb and gutter, intermediate surface and necessary storm water management
improvements and satisfactory completion of road improvements required for public safety, and signalization;
but shall not include final activated signals which are subject to testing and synchronization according to
VDOT inspection. All proffers to make road improvements contained in proffer 2 of these proffers are
conditioned upon VDOT's approval of an entrance permit at the Timberwood Boulevard intersection with
Route 29 as shown on the Application Plan. The Owner shall submit to VDOT plans for such road
improvements within 30 days of the rezoning and shall diligently pursue such approvals from VDOT.
4. Upon request of the County, the Owner shall contribute $10,000.00 to the County or VDOT for the purposes of
funding a regional transportation study for the Route 29 Corridor. The $10,000.00 contribution shall be made
within 30 days after requested by the County after the first final site plan or subdivision plat is approved in
Area C and, if not expended for such purposes within three years from the date the funds were contributed such
funds shall be refunded to the Owner.
5. The Owner shall contribute $200,000.00 (the "total contribution") to the County for the purpose of funding
capital improvements related to the Hollymead Town Center. The contribution shall be paid as follows:
$100,000.00 shall be contributed to the County within 30 days after the first final site plan or subdivision plat
containing dwelling units is approved in Area C; the remainder of the contribution shall be paid on a pro rata
basis at the time a certificate of occupancy is issued for each dwelling unit; the pro rats contribution shall be
based upon the number of dwelling units approved as part of the first final site plan or subdivision plat. If five
years after the date of approval of the first final site plan or subdivision plat the total contribution has not been
fully paid, the Owner shall contribute the unpaid balance within 30 days upon the request of the County. If the
fund is not exhausted within 10 years from the date the last contribution is made, such unexpended funds shall
be refimded to the Owner.
b. Upon the request of the County, for any parcel used for non-residential purposes in the portion that is currently
zoned Light Industry that will be rezoned to PDMC the Owner shall petition for and consent to a Community
Development Authority ("CDA") established pursuant to Section 15.2-5152, et seq. of the Code of Virginia
("Code") to be created for the purpose of financing, funding, planning, establishing, constructing,
reconstructing, enlarging, extending or maintaining Route 29 and roads and other improvements associated
therewith, which shall include, but may not be limited to improvements to Route 29 from the South Fork of the
Rivanna River to Airport Road, the extension of Ridge Road as depicted on the Master Plan, to the South and
across the Rivanna River to connect to Berkmar Drive.
OWNER:
Post Office Land Trust /
6�4'
By: Dr. Charles Hurt
Title: Trustee, Post Office Land Trust
OWNER:
Post Office Land Trust
By: §hfiley/11is fter
Title: Trustee, Post Office Land Trust
The undersigned Owner hereby proffers that the use and development of the Property shall be in conformance with the
proffers and conditions herein above. This document shall supersede all other agreements, proffers or conditions that may
be found to be in conflict. The Owner agrees that all proffers shall be binding to the property, which means the proffers
shall be transferred to all future property successors of the land.
WITNESS the following signatures:
OWNER:
Post Office Land Trust
YL4r'4:�� I/
By: Dr. Charles Hurt
Title: Trustee, Post Office Land Trust
OWNER:
Post Office Land Trust
By. ley F' her
Title: Trustee, Post Office Land Trust
COMMONWEALTH OF VIRGUN"U
as/COiJNTY OF N Iy , to wit:
The foregoing instrument was acknowledged before me this day of 2020 by Post Office Land
Trust.
My Commission expires:.Mw 2DZl ram[ E) IR.t;lb _
Notary Public
GAIL BREEDEN WATKINS
NOTARY PUBLIC
REG.#101082
COMMONWEALTH OF VIRGINiA
MY COMMISSION IifMES MAY 31, 2021