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HomeMy WebLinkAbout20030716actionsACTIONS Board of Supervisors Meeting of July 16, 2003 July 21, 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to Order at 6:00 p.m., by the Chairman, Mr. Dorrier. All BOS members were present. Also present were Bob Tucker, Larry Davis, David Benish and Ella Carey. 4. From the Public: Matters Not Listed on the Agenda. • John Martin, Katie Hobbs and Edward Strange commented on the resignation of Larry Tropea as the Executive Director of the Rivanna Water and Sewer Authority. They asked the Board to intervene, work to resolve the issues and rehire Mr. Tropea. 5.1 Resolution to accept roads in Lake Reynovia Subdivision, Phase 7, into the State Secondary System of Highways. • ADOPTED Resolution. Clerk: Forward signed resolution to Steve Snell. (Attachment 1) 5.2 Resolution to accept road(s) in Rio East Commercial Area into the State Secondary System of Highways. • ADOPTED Resolution. Clerk: Forward signed resolution to Steve Snell. (Attachment 2) 5.3 Resolution to accept road(s) in Grayrock Subdivision, Sections 1 & 2, Subdivision, into the State Secondary System of Highways. • ADOPTED Resolution. Clerk: Forward signed resolution to Steve Snell. (Attachment 3) 6. ZMA-2001-019. Hollymead Tow n Center, Regional Service Area B (Sign #87). • APPROVED ZMA-2001-019, by a vote of 5:1, as proffered dated July 16, 2003. Clerk: Set out proffers below. (Attachment 4) 7. SP-2001-063. Hollymead Town Center, "Drive-In A". • APPROVED SP-2001-019, by a vote of 5:1, subject to two conditions. Clerk: Set out conditions of approval. (Attachment 4) 8. SP-2001-064. Hollymead Town Center, "Drive-In B". • APPROVED sp-2001-064, by a vote of 5:1, subject to two conditions. Clerk: Set out conditions of approval. (Attachment 4) 9. ZMA-2001-020. Hollymead Town Center (Sign #56). • DEFERRED ZMA-2001-020, by a vote of 6:0, to August 6, 2003. Clerk: Schedule for August 6, 2003 agenda. 10. SP-2003-030. Hollymead Town Center. • DEFERRED ZMA-2001-020, by a vote of 6:0, to August 6, 2003. Clerk: Schedule for August 6, 2003 agenda. 11. ZMA-2002-002. Hollymead Town Center (Signs #58&59). • DEFERRED ZMA-2001-020, by a vote of 6:0, to August 6, 2003. Clerk: Schedule for August 6, 2003 agenda. 12. Juvenile Court Façade Design Options. • VOTED IN SUPPORT of the more modern approach for the design of the Juvenile Court façade. Clerk: Notify City Council of the Board's action. 13. From the Board: Matters Not Listed on the Agenda. • At the request of the applicant, the Board expedited the public hearing on SP-2003-041, St. John Baptist Church Amendment, for August 6, 2003. • Regarding comments made during matters from the public Clerk: Advertise and schedule public hearing for August 6, 2003. 1 concerning the resignation of the Executive Director of RWSA, and after some discussion, it was the consensus of the Board to not get involved in such decisions of the Authority. 14. Adjourn. • At 9:37 p.m., the meeting was adjourned. /ewc Attachment 1 - Resolution - Lake Reynovia Subdivision, Phase 7 Attachment 2 - Resolution - Rio East Commercial Area Attachment 3 - Resolution - Grayrock Subdivision, Sections 1 & 2 Attachment 4 - Planning Conditions of Approval 2 Attachment 1 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 16th day of July 2003, adopted the following resolution: R E S O L U T I O N WHEREAS, the streets in Lake Reynovia Subdivision, Phase 7, described on the attached Additions Form SR-5(A) dated July 16, 2003, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the roads in Lake Reynovia Subdivision, Phase 7, as described on the attached Additions Form SR-5(A) dated July 16, 2003, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** The road(s) described on Additions Form SR-5(A) are: 1) Starcrest Road (State Route 1194) from existing ed of State Maintenance Route 1194 to the cul-de-sac, as shown on plat recorded 04/02/1996 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1668, pages 536-538, with a 50-foot right-of- way width, for a length of 0.15 mile. 3 Attachment 2 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 16th day of July 2003, adopted the following resolution: R E S O L U T I O N WHEREAS, the streets in Rio East Commercial Area, described on the attached Additions Form SR-5(A) dated July 16, 2003, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the roads in Rio East Commercial Area, as described on the attached Additions Form SR-5(A) dated July 16, 2003, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Require- ments; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * The road(s) described on Additions Form SR-5(A) are: 1) Starcrest Road (State Route 1194) from existing ed of State Maintenance Route 1194 to the cul-de-sac, as shown on plat recorded 04/02/1996 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1668, pages 536-538, with a 50-foot right-of- way width, for a length of 0.15 mile. Total Mileage - 0.15 mile. 4 Attachment 3 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 16th day of July 2003, adopted the following resolution: R E S O L U T I O N WHEREAS, the streets in Grayrock Subdivision, Sections 1 and 2, described on the attached Additions Form SR-5(A) dated July 16, 2003, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the roads in Grayrock Subdivision, Sections 1 and 2, as described on the attached Additions Form SR-5(A) dated July 16, 2003, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * The road(s) described on Additions Form SR-5(A) are: 1) Grayrock Court (State Route 1382) from the intersection of Grayrock Drive (Route 1381) to the cul-de-sac, as shown on plat recorded 05/22/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1924, pages 71-75, with a 50-foot right- of-way width, for a length of 0.04 mile. 2) Grayrock Drive (State Route 1381) from the intersection of Jarmans Lake Road (Route 1380) to the west intersection of Grayrock Drive (Route 1381), as shown on plat recorded 05/03/2001 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2020, pages 131-137, with a 50-foot right-of-way width, for a length of 0.21 mile. 3) Grayrock Drive (State Route 1381) from the end of state maintenance to the intersection of Grayrock Drive (Route 1381), as shown on plat recorded 05/03/2001 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2020, pages 131-137, with a 50-foot right-of-way width, for a length of 0.04 mile. 4) Grayrock Drive (State Route 1381) from the intersection of Grayrock Drive (Route 1381) to the cul-de-sac, as shown on plat recorded 05/03/2001 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2020, pages 131-137, with a 50-foot right-of-way width, for a length of 0.05 mile. 5) Grayrock Drive (State Route 1381) from the intersection of Jarmans Lake Road (Route 1380) to the intersection of Grayrock Court (Route 1382), as shown on plat recorded 05/22/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1924, pages 71-75, with a 50-foot right-of-way width, for a length of 0.05 mile. 5 6) Grayrock Drive (State Route 1381) from the intersection of Grayrock Court (Route 1382) to the intersection of Laura Lane (Route 1383), as shown on plat recorded 05/22/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1924, pages 71-75, with a 50-foot right-of-way width, for a length of 0.04 mile. 7) Grayrock Drive (State Route 1381) from the intersection of Laura Lane (Route 1383) to the end of state maintenance (Route 1381), as shown on plat recorded 05/22/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1924, pages 71-75, with a 50-foot right-of-way width, for a length of 0.11 mile. 8) Jarmans Lake Road (State Route 1380) from the intersection of Jarmans Gap Road (Route 691) to the intersection of Grayrock Drive (Route 1381), as shown on plat recorded 05/03/2001 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2020, pages 131-137, with a 50-foot right-of-way width, for a length of 0.05 mile. 9) Laura Lane (State Route 1383) from the intersection of Grayrock Drive (Route 1381) to the end of state maintenance (Route 1383), as shown on plat recorded 05/22/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1924, pages 71-75, with a 50-foot right-of-way width, for a length of 0.03 mile. Total Mileage - 0.62 mile. 6 Attachment 3 CONDITIONS OF APPROVAL Agenda Item No. 6. ZMA-2001-019. Hollymead Town Center, Regional Service Area B (Sign #87). Public hearing on a request to rezone 24.7 acs from RA & HC to PD-MC to allow for shopping center. Portions of TM 32, Ps 41D, 42B, 42C, 42D, 42E, 43, 43A & 44. Loc on Rt 29 N approx 1/4 mile S of Timberwood Boulevard/Rt 29 intersec. (The Comp Plan designates this property as the Hollymead Town Center in the Hollymead Community & recommends Mixed Use/Regional Service uses.) Rio Dist. APPROVED as proffered: ZMA-01-019 PROFFERS Hollymead Town Center Regional Service Area B July 16, 2003 TAX MAP PARCELS 32-41D (part), 42B (part), 42C (part), 42D, 42E, 43, 43A(part) and 44 (part) 24.7 Acres Pursuant to Section 33.3 of the Albemarle County Code (the “Code”), the owners, or their duly authorized agents, hereby voluntarily proffer the conditions listed below which shall only be applied, except as specifically set forth herein to the area identified as Regional Service Area B on the Application Plan, (defined below) comprising all or some of the above referenced tax map parcels (the “Property”). 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: 1. Development shall be in general accord with the Application Plan entitled Rezoning Application Plans for Hollymead Town Center Regional Service Area B, (Sheets A-1, A-2, and A-6 of 7 only), prepared by Rivanna Engineering & Surveying, PLC, revised February 15, 2002, last revised April 29, 2003 (“Application Plan”). The owners have presented, as part of their rezoning applications, 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 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 outparcel improvements, consisting of buildings, parking and drive aisles and drive-through window features that are the subject of SP 01-63 and SP 01-64 and as shown on the Application Plan in order to: i) comply with conditions imposed by such Special Use Permits, and ii) assure compliance with ARB requirements. 2. The owners of Area B, as shown on the Application Plan (the “Owner”) shall cause completion of the following road improvements: A. Access Road A, as depicted on the Application Plan, across from the Hollymead Memorial Gardens Cemetery at US Route 29 up to the western boundary of Area B. This shall include the two eastbound lanes located on Area A pursuant to road plans approved by the Virginia Department of Transportation (“VDOT”) and the County as part of the Area B site plan. Access Road A also shall include dual left and dual right turn lanes at the intersection with Route 29. 7 B. Dual left turn lanes at the intersection of Route 29 and Access Road A, from northbound Route 29 into Access Road A. The dual left turn lanes and signalization at Route 29 and Access Road A shall include median cut and cross-over construction at the Hollymead Memorial Gardens Cemetery location, (the “Cross-over”) as scheduled in coordination with VDOT. The Owner also proffers to construct a single southbound left turn lane on Route 29 at the intersection (to allow left turn movement into the cemetery). All turn movements shall be signalized at the intersection of Route 29 and Access Road A, as approved by VDOT. C. The Owner shall dedicate land, if necessary, and construct a continuous right turn lane on Route 29 southbound from the northern boundary of the Property to the entrance road, (Access Road A). The Owner proffers to construct a third southbound through lane on Route 29 from the northern boundary of the Property to the entrance road, (Access Road A) and beyond the entrance road, (Access Road A) for a distance of 1000 feet. D. The southbound through lanes of Route 29 shall be re-constructed to the profile grade of the northbound lanes to meet adequate sight distance requirements at the Cross-over, based upon a 50 mile per hour design speed and a maximum 4 percent cross-slope requirement. E. A third northbound through lane shall be constructed on Route 29, 1000 feet in length on each side of the Cross-over. The road improvements listed in 2A, 2B, 2C, 2D and 2E 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 B improvements. The width, length, (except as specified in 2C and 2E above) 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. The Owner shall cause to be constructed and dedicated the segment of Access Road A from the western boundary of Area B to its intersection with State Route 606, also known as Dickerson Road and as shown on the attached map entitled Future Roads, dated July 15, 2003 (“Exhibit A”). Construction of this section of Access Road A shall be completed for acceptance by VDOT for public use and dedication of a minimum 60-foot-wide right-of-way and all necessary easements have been dedicated to the County within three (3) years from the date of approval of ZMA-01- 019. This section of Access Road A shall be constructed to accommodate two travel lanes (one in each direction). Notwithstanding the foregoing, the road proffers described in this paragraph 3 shall be satisfied if plans for all such road improvements have been submitted for review by VDOT and, although such improvements are not accepted by VDOT for public use within three (3) years from the date of approval of ZMA-01-019, sufficient bond has been supplied to satisfy all costs to complete such improvements in accordance with plans approved by VDOT. Further, the road proffers described in this paragraph 3 shall be satisfied if and when any portion of Area A is rezoned, and the owner of Area A makes a proffer binding Area A, or any portion thereof to all the obligations contained in this proffer 3. 4. The Owner also shall cause to be constructed and dedicated Ridge Road from its intersection with Access Road A to the northern boundary of Area A (with Area C), as shown in blue on Exhibit A. Construction of the section of Ridge Road as shown on Exhibit A shall be completed for acceptance by VDOT for public use within one (1) year after the issuance of a certificate of occupancy for Area B. This section of Ridge Road shall be constructed initially to accommodate two travel lanes (one in each direction) and a bicycle lane only (without parallel parking and 8 sidewalks). The area to be dedicated, however, shall be not less than sixty (60) feet in width to allow future widening. No certificate of occupancy shall be issued for any use within Area B until the segment of Ridge Road required to be constructed by this proffer is either constructed to VDOT’s standards, or a sufficient bond or other form of surety is provided to the County in an amount sufficient to assure its construction and VDOT’s acceptance. If the owners of Area A refuse after request from the County to dedicate land sufficient for Ridge Road as contemplated herein, then the Owner shall pay the costs to acquire such land, which costs shall include VDOT’s normal costs of acquiring by condemnation, including land acquisition, engineering, surveying, reasonable attorneys fees, and the cost of construction of this section of Ridge Road, and other related expenses. 5. Owner proffers to contribute $50,000.00 to the County or VDOT, on behalf of Area B and Area A for the purposes of funding a regional transportation study for the Route 29 corridor. The $50,000.00 contribution shall be made within thirty (30) days after requested by the County following site plan approval for Area B and, if not expended for such purpose after three (3) years from the date the funds were contributed such funds shall be refunded to the Owner. 6. Upon the request of the County, Owner shall petition for and consent to a Community Development Authority (“CDA”) established pursuant to Section 15.2-5152, et seq. of the Code of Virginia (“Code”) to be created for the purpose of financing, funding, planning, establishing, constructing, reconstructing, enlarging, extending, or maintaining (except to the extent VDOT maintains any public improvements) Route 29, and roads and other improvements associated therewith, which shall include, but may not be limited to, improvements to Route 29 from the South Fork of the Rivanna River to Airport Road or the extension of Ridge Road as depicted on Exhibit A, to the south and across the Rivanna River to connect to Berkmar Drive. This proffer shall only apply if all of the owners of the lands subject to ZMA-01-018, ZMA-01-19, ZMA-01-020, and ZMA-02-002, as such applications exist on July 16, 2003, excluding residential property, have joined or been caused to join the same or a similar CDA for the purposes described herein. This proffer shall apply only if, at the time of the formation of the CDA, the rate of any special tax imposed shall be uniform and shall not exceed twenty-five cents ($.25) per $100 of the assessed value of any taxable real estate within the CDA, unless all the owners within the CDA subsequently consent to any proposed rate or level of assessment otherwise. 7. There shall be two (2) pedestrian walkways/grade arms located within parking areas depicted on the Application Plan, located to the satisfaction of the Director of Planning and Community Development. These pedestrian walkways/ grade arms within the parking areas shall be tree- lined, by planting street trees at least every fifty feet (50’) on center. Submitted as of the 16th day of July, 2003, by: DRG development, LLC By; (Signed) Jeffrey B. Dierman, Manager River Heights Associates Limited Partnership, a Connecticut limited partnership By: (Signed) Wendell Wood, General Partner By: (Signed) M. Clifton McClure, Trustee of NYC Land Trust By: (Signed) Robert M. Callaghan, Trustee of NYC Land Trust By: (Signed) M. Clifton McClure, Trustee of GLF Land Trust 9 10 By: (Signed) Robert M. Callaghan, Trustee of GLF Land Trust By: (Signed) M. Clifton McClure, Trustee of MMS Land Trust By: (Signed) Robert M. Callaghan, Trustee of MMS Land Trust By: (Signed) M. Clifton McClure, Trustee of the One Ninth Land Trust By: (Signed) M. Clifton McClure, Trustee of the Sixty-four 616 Land Trust By: (Signed) Robert M. Callaghan, Trustee of the Sixty-four 616 Land Trust Tower of Deliverance Church By: (Signed) Charles M. Hut __________ Agenda Item No. 7. SP-2001-063. Hollymead Town Center, “Drive-In A”. Public hearing on a request to allow drive-in window in accord w/Sec 25A.2.2.1of the Zoning Ord. TM 32, Ps 42B, 42C, 42D, 42E, 43 & 43A, is 24.7 acs. Loc on Rt 29 N approx 1/4 mile S of Timberwood Boulevard/Rt 29 intersec. Znd RA & HC. Rio Dist. 1. The Architectural Review Board may alter the locations and/or orientation of drive-throughs to protect the Entrance Corridor; and 2. The Applicant is responsible for installation and maintenance of control devices, such as by-pass lanes, signage and pavement markings shown on a site plan for the development. __________ Agenda Item No. 8. SP-2001-064. Hollymead Town Center, “Drive-In B”. Public hearing on a request to allow drive-in window in accord w/Sec 25A.2.2.1 of the Zoning Ord. TM 32, Ps 42B, 42C, 42D, 42E, 43 & 43A, is 24.7 acs. Loc on Rt 29 N approx 1/4 mile S of the Timberwood Boulevard/Rt 29 intersec. Znd RA & HC. Rio Dist. 1. The Architectural Review Board may alter the locations and/or orientation of drive-throughs to protect the Entrance Corridor; and 2. The Applicant is responsible for installation and maintenance of control devices, such as by-pass lanes, signage and pavement markings shown on a site plan for the development.