HomeMy WebLinkAboutZMA200600007 Executive Summary 2006-11-01COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 06 -07 Hollymead Town Center Proffer Change
SUBJECT /PROPOSAL /REQUEST:
Request to amend the Hollymead Town Center Area
B Proffer which required Meeting Street to be
constructed as a half section by June 15, 2006
STAFF CONTACT(S):
Cilimberg, Dougherty
LEGAL REVIEW: YES
AGENDA DATE:
November 1, 2006
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
BACKGROUND:
The Planning Commission heard this request on September 5, 2006. Staff had recommended disapproval and the Commission
recommended denial due to lack of progress by the Owner. Exhibit A is the staff report for the Planning Commission public
hearing.
DISCUSSION:
On October 13, 2006 the applicant for the rezoning of Area A met with County staff to discuss a schedule for constructing the
half section of Meeting Street in order to satisfy the original Area B proffer.
The Area A applicant would prefer to build the full section of Meeting Street at one time (once a rezoning on Area A is
approved). However, the timing of the approval of the Area A rezoning is unknown at this time as the project is still being
conceptualized.
Nevertheless, the Area A applicant has begun construction of Meeting Street, which will allow the Area B applicant to fulfill their
Meeting Street proffer. The Area A applicant intends to finish construction of the road this November. To date, Meeting Street
has storm drains installed and has a rough base of stone. It should be possible to complete the road this calendar year. Once
the road is complete, it will be reviewed and should be accepted by VDOT by late spring 2007. (VDOT can take up to six
months to accept a road into the VDOT system.)
Since the Planning Commission denied the request to extend the proffer by two years, the applicant has resubmitted proffers in
which he requests that the proffer only be extended by one year to allow for Meeting Street's construction and VDOT
acceptance (See Exhibit B, revised proffers). The resulting deadline to build Meeting Street and have it accepted by VDOT
would be June 15, 2007. Given that it is not likely the road can be accepted by VDOT in advance of that date and in order to
provide some flexibility with respect to weather and other construction and review variables, the proposed change is a practical,
but not excessive extension of the original proffered deadline that was not met.
RECOMMENDATIONS:
In consideration of the road now being under construction, staff believes that an extension of the proffers as now proposed
is acceptable and that concerns raised by staff and the Planning Commission in recommending denial of the originally
proposed proffer change are now better addressed. Therefore, staff recommends approval of revision of the proffer for the
Meeting Street half section which proposes to extend the deadline to construct and have the road accepted by VDOT by
June 15, 2007.
ATTACHMENTS:
EXHIBIT A: Staff report presented to the Planning Commission
EXHIBIT B: Proffers
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 06 -07 Hollymead Town
Staff: Sean Dougherty
Center Proffer Change
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
September 5, 2006
October 11, 2006
Owners: Hollymead Town Center, LLC and
Applicant: Steve Blaine
Target Corporation
Acreage: 24.7acres
Rezone from: Amend proffers in PDMC
TMP: Tax Map Parcel 32- 43, 32 -43B, 32-
By -right use: 24.7 acres of Planned District Mixed
43C, and 32 -43D
Commercial (PDMC) zoning.
Location: 75 yards west of Hollymead Town
Center Area B (Target and Harris Teeter)
Magisterial District: Rio
Proffers: n/a
Proposal: To amend proffer to allow for the
Requested # of Dwelling Units: n/a
extension of the proffered completion date of
Meeting Street by two years.
DA (Development Area): Hollymead Town
Comp. Plan Designation: Crozet Master Plan -
Center in the Hollymead Neighborhood.
Town Center -- Compact, higher density area
containing a mixture of businesses, services, public
facilities, residential areas and public spaces,
attracting activities of all kinds. (6.01 -34 dwelling
units per acre).
Character of Property: Graded and
Use of Surrounding Properties: Surrounding
prepared for development.
properties include Area B of the Hollymead Town
Center (anchored by Target), Holly Memorial
Gardens to the east across Rt. 29 and Deerwood
to the west. The U.S. Post distribution center along
airport road lies to the northeast.
Factors Favorable:
Factors Unfavorable:
This request would relieve a zoning violation
1. If approved, construction of the road may lag
and would allow certificates of occupancy
behind development in areas C and D.
currently being withheld to be issued for
2. No circumstances have changed to allow staff to
businesses seeking to occupy vacant spaces
consider the original commitment to be
in Area B.
inappropriate.
RECOMMENDATION: Staff does not recommend extending the proffer. However, if the
Commission feels extending the proffer is appropriate, it should only be extended until August 15,
2007. This would allow roads required to support the town center to be in place before additional
developments in Areas C and D are occupied, provide sufficient time to build the road and have it
accepted by VDOT, and to reduce impacts on existing roads prior to the fall season when the area
population and vehicle volumes typically increases.
ZMA 2006 -0007
Hollymead Town Center Proffer Change
STAFF PERSON: Sean Dougherty
PLANNING COMMISSION: September 5, 2006
BOARD OF SUPERVISORS: October 11, 2006
ZMA 2006 -0007 Hollymead Proffer Change
»dhdrlki 9
PROJECT: ZMA 2006 -00007 Hollymead Town Center Area B Proffer Amendment
PROPOSAL: To amend approved proffers on land that is zoned PDMC: Planned Development
Mixed Commercial - large -scale commercial uses; and residential by special use permit (15 units/
acre). No dwelling units are proposed.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Town Center -- Compact, higher
density area containing a mixture of businesses, services, public facilities, residential areas and
public spaces, attracting activities of all kinds. (6.01 -34 dwelling units per acre).
ENTRANCE CORRIDOR: Yes
LOCATION: West of Route 29 between Town Center Drive and Timberwood Boulevard.
TAX MAP /PARCEL: Tax Map 32, Parcel 43; Tax Map 32, Parcel 43B, Tax Map 32, Parcel 43C; and
Tax Map 32, Parcel 43D
MAGISTERIAL DISTRICT: Rio
CHARACTER OF THE AREA
The subject property is located off of U.S. Route 29 north in the Hollymead Town Center west of
Harris Teeter and Target. The area has been cleared, graded, and prepared for development.
SPECIFICS OF THE PROPOSAL
The applicant is requesting an amendment to an approved proffer which required the owner of Area B
to construct Meeting Street as a half section with a travel lane in each direction and a bike lane in one
direction by one year after Target opened. This "half section" standard is half of the ultimate road and
can function satisfactorily until the full section is built. The deadline for building the road was June 15,
2006 and it is not yet built. It is identified on Attachment A as Meeting Street; the portion the applicant
is responsible for constructing is highlighted in red. The applicant would like this date to be extended
by two years to June15, 2008. Attachment B contains the proffers approved for the town center and
proposed changes. Proffer 4 is in violation. The approved proffer language is shown in red -
strikethrough, and the proposed changes are shown in blue.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
This zoning violation prohibits any certificates of occupancy to be issued in Area B until the violation
is reconciled. The applicant is requesting an extension of the deadline to construct Meeting Street by
two years in order to resolve an outstanding proffer violation and allow certificates of occupancy to be
granted for businesses in this area. The applicant estimates it will take four to six months to build the
road and take roughly the same amount of time to have it accepted by VDOT and is therefore
requesting a generous extension to avoid the need to amend the proffer again. However, the
applicant has stated that he would prefer that the Area A applicant build the road as a full section.
Area A has not been rezoned . The applicant anticipates the rezoning would occur in the near future
ZMA 2006 -000 2
Hollymead Town Center Troffer Change
to allow the applicant for Area A to build the road by June 15, 2008. According to the proffers, if the
Area A applicant commits to build the entire desired section of Meeting Street, the Area B applicant
would be relieved from the requirement to construct any portion of Meeting Street.
PLANNING AND ZONING HISTORY
On July 16, 2003 the Board of Supervisors approved a rezoning of Area B in the Hollymead Town
Center from RA to PDMC. This rezoning was followed by the Area C and D rezonings on August 6,
2003. Action on Area A, 78 acres lying to the south and west of the developed portion of the town
center, was deferred in March of 2003. The applicant for Area D proffered no specific vehicular
transportation improvements, but committed to building a greenway trail and made cash proffers for
capital improvements. The following proffers for transportation improvements were made with area B
and C rezonings:
Area B proffered to build Town Center Drive (southern town center entrance on U.S. Route 29) to the
edge or Area B including dual left turn lanes from Northbound U.S. Route 29 to Town Center Drive
and install a traffic signal. Area B also proffered to construct Town Center Drive to its intersection with
Route 606 (Dickerson Road). This proffer will be considered satisfied when Area A is rezoned and the
Area A owner makes a proffer binding Area A to build this connection. Area B proffers include a
commitment to build an additional northbound through -lane along Route 29. Area B also proffered to
build Meeting Street to accommodate two travel lanes (one in each direction) and a bike lane. Area C
proffered to build Timberwood Boulevard (northern town center entrance) from Route 29 to Airport
Road including dual turn lanes and signal on U.S. Route 29. Area C proffers include a commitment to
build a continuous southbound through -lane on U.S. Route 29. The Area C applicant has built the
roads he committed to in the rezoning. To date, a portion of these roads have been accepted by
VDOT and in the process of gaining VDOT acceptance.
In order to gain a certificate of occupancy for Target in Area B, the applicant bonded Meeting Street,
as required by the proffers. This first certificate of occupancy in the town center (Target store) was
issued on June 15, 2005, making the deadline for completing Meeting Street June 15, 2006.
On August 18, 2006, the Chief of Zoning issued a memo directing staff to withhold all permits for
businesses in Area B. This does not affect businesses that were open by August 18, 2006, such as
Target and Harris Teeter. All businesses that did not have a certificate of occupancy by August 18,
2006 in Area B are affected and are unable to operate until the proffer is executed by the owner or
the proffer is amended and accepted by the Board of Supervisors.
After being withdrawn in 2003, the Area A rezoning was reactivated in last year. In October 2005, a
proposal for Area A was reviewed in a Planning Commission work session. In March of 2006, a
modified rezoning application plan for Area A was reviewed by the Planning Commission in a public
hearing. Due to many outstanding issues with the application plan, the project was deferred. In early
August of 2006, the Area A applicant resubmitted a rezoning application plan. This plan will be
reviewed by the Planning Commission on September 12, 2006
COMPREHENSIVE PLAN
The Land Use Plan designates this area as Town Center. The Town Center designation at Hollymead
includes 180 acres is accompanied by "Conceptual Masterplan and Design Guidelines for the
Hollymead Town Center" (Guidelines). Prior to approval of the town center comprehensive plan
amendment, a comprehensive traffic study was performed based on a maximum of allowable uses in
each area. The traffic study, which is reflected in the Guidelines, included several new roads that
ZMA 2006 -000,
Hollymead Town Center Troffer Change
would connect U.S. Route 29, Airport Road, and Dickerson Road to provide a network of internal
streets to address new development and provide for better functionality of existing roads. The primary
roads considered in the traffic study include Town Center Drive, the east -west route that connects
Dickerson Road to Route 29; Timberwood Boulevard, the east -west route that connects Airport Road
with Route 29; and Meeting Street, the primary north -south route that connects the aforementioned
east -west routes, that runs parallel to U.S. Route 29. Building Meeting Street is in conformity with the
Comprehensive Plan.
STAFF COMMENT
Though the Area B owner proffered to construct a half section of Meeting Street, it is located in Area
A and part of the larger road system that serves the town center. To satisfy the proffer, the applicant
needs to build a travel lane in each direction and a bike lane in one direction. The full section
ultimately prescribed for Meeting Street in the Guidelines includes a planted median, travel lanes,
bike lanes, on- street parking, planting strip, and sidewalk. Included in the Area B bond for Meeting
Street are the required travel lanes and a segment of Town Center Drive that would allow a
connection between Meeting Street and U.S. Route 29. It is anticipated that the Area A applicant
would construct the full section if and when a rezoning is approved in that area.
Road plans for Meeting Street, including the desired full street section have been provided to
engineering staff by the Area A applicant. These plans are generally in line with the expectations for
the full section as identified in the Guidelines. However, until there is an approved rezoning in Area A,
there is no proffer commitment to build the full section of the road, nor is there a mechanism for
accepting a bond for the full section.
After the Area B,C, and D rezonings were approved, the owner of Area B signed an access,
construction, and maintenance agreement with multiple owners of the entire town center property to
establish each entity's responsibility for the construction of roads within the town center (see
Attachment C for a copy of this agreement with portions pertaining to this proffer highlighted). This
agreement states that if Meeting Street is not completed as outlined in the proffers, the applicant has
the right to build the road and charge Wendell Wood, partner to the agreement and owner of several
properties included in the town center Comprehensive Plan designation area, for the cost to construct
the road. This agreement has provided and continues to provide the applicant the ability to satisfy the
proffer. The applicant has indicated that exercising their right to fulfill the proffer through the access,
construction, and maintenance agreement is likely to foment a lawsuit between the private agreement
signatories. In spite of the clearly defined responsibilities laid out in the agreement, the applicant
estimates that this process may result in further delaying construction of the road.
Options for the Planning Commission and the Board of Supervisors
There are three options available to the Planning Commission and Board of Supervisors to ensure
Meeting Street is constructed.
The first option would be to deny this request to change the proffer. In doing this, the owners would
likely exercise their option to construct the road and bill the former owner, Wendell Wood. The
negative side is that the owner is only obligated to build Meeting Street to its intersection with Town
Center Drive. (Completing Town Center Drive from U.S. Route 29 to Dickerson Road is an obligation
of the Area A Owner, who has yet to obtain a rezoning of that property.) Therefore until Town Center
Drive is completed, the Area B proffer to build Meeting Street to Town Center Drive would result in a
dead end. A dead end on Meeting Street means that interconnecting Meeting Street and Town
ZMA 2006 -000 4
Hollymead Town Center Troffer Change
Center Drive would not take place until Area A is rezoned and Town Center Drive is accepted by
VDOT.
Should the applicant exercise this right to satisfy the proffer, the required two travel lanes and bike
lane of Meeting Street needs to be built and accepted by VDOT. In a best case scenario, the road
could be built this fall or early next spring after asphalt plants are reopened. However, VDOT
acceptance will likely take up to six or seven months after the road is built. Therefore, the soonest the
proffer could be met, assuming construction begins this fall, would be June 2007. This is one year
after the proffer violation and one year sooner than the applicant has requested.
Should the Owner not exercise his right to build the road as prescribed by the access, construction,
and maintenance agreement, the County's recourse would be to continue withholding certificates of
occupancy and call the bond and construct the street itself. The bond for Meeting Street includes a
segment of Town Center Drive which would connect to Meeting Street, eliminating the dead end
reference above. Further, this segment would connect Meeting Street with U.S. Route 29 along Town
Center Drive, making a complete connection. (Though this segment is part of the bond for Meeting
Street, it is not required by the Area B proffer to build Meeting Street). The downside to this option is
that calling the bond would be a time intensive process during a period in which the engineering staff
has a backlog of reviews and has been understaffed.
The second option would be for the County to approve the proposed proffer change and allow the
applicant to extend the time for completion. The positive aspect of this option is that it might provide
an opportunity for a full section of Meeting Street to be constructed rather than two half sections. The
downside of this option is would be that Meeting Street's construction may be further delayed during a
time that other pending developments may occur that were intended to be able to utilize Meeting
Street:
Area D has been subdivided into 94 townhouse lots, with another 60 anticipated in the near future. A
total of four final site plans are in the process of being reviewed in Area C to bring 55,000 square feet
of office and retail, a 7,800 square foot restaurant, a 67,000 square foot assisted living facility, and 42
townhouses. Though there is no way to determine when the projects identified will be completed, it is
likely that a good portion will begin site work shortly after the pending site plans are approved. The
original traffic study allowing for the aforementioned development relied on the complete road system,
including Meeting Street, being constructed by certain deadlines. If the deadline to complete Meeting
Street is extended by two years, it is likely the completion of the road facility may follow the
development of significantly more residential and commercial development in Areas C and D.
Without the road being constructed, the impacts of pending development in Areas C and D would fall
on the existing roads constructed inside the town center and associated access point on Route 29
and Airport Road. To date, with roughly' /4 of the town center developed, no serious transportation
problems can be attributed to the road not being constructed.
A third option is to only extend the deadline to August 15, 2007 which is likely to generally coincide
with any certificates of occupancy that would be issued in Area C and D. This proffer extension date
has not been offered by the applicant. An extension to August 15, 2007 would provide sufficient time
to meet the proffer, particularly in consideration that it was promised this year. This deadline would
ensure that the road is in place before the busy fall season and the return of roughly 20,000 students
and employees to the University of Virginia. This yearly return, in addition, to the regular school year
and upswing in commercial activity after summer adds more volume to local roads. The extension to
August of next year would allow businesses currently seeking certificates of occupancy in the Area B
portion of the town center to proceed in the meantime. Though the proffer only guarantees a half
ZMA 2006 -000
Hollymead Town Center Proffer Change
section of Meeting Street to be built, the function the road was designed to provide would be in place.
Building the half section would be less efficient than building the full road. However, there is no
guarantee the other party who could build the full section of the road (Area A owner) will do so before
August 15, 2007.
SUMMARY
Staff believes that the applicant has not met their obligation and that the circumstances under which
the applicant committed to build a half section of Meeting Street have not changed. Meeting Street is
a critical facility shared by all areas of the town center. Staff has identified many pending
developments in Areas C and D that will be allowed to move forward which need the road, but which
are not responsible for the applicant to meet his obligation. Staff can identify no reason to extend this
proffer and reduce pressure for the applicant to meet his obligation.
FACTORS FAVORABLE
1. The proposed proffer deadline extension to June 15, 2008 would relieve a zoning violation and
would allow certificates of occupancy currently being withheld to be issued for businesses seeking to
occupy vacant spaces in Area B.
FACTORS UNFAVORABLE
1. The requested two year extension for construction of the road may lag behind significant
development in areas C and D.
2. No circumstances have changed to allow staff to consider the original commitment to be
inappropriate.
RECOMMENDATIONS: Staff does not recommend extending the proffer. However, if the
Commission feels extending the proffer is appropriate, it should only be extended until August 15,
2007. This would allow roads required to support the town center to be in place before additional
developments in Areas C and D are occupied, provide sufficient time to build the road and have it
accepted by VDOT, and to reduce impacts on existing roads prior to the fall season when the area's
population and vehicle volumes increase due to returning students and the end of summer.
ATTACHMENTS
Attachment A: Town Center Illustrated Map
Attachment B: Proposed Proffer Changes
Attachment C: Access, Construction and Maintenance Agreement
ZMA 2006 -0007
Hollymead Town Center Proffer Change
Orit mai. Proffer
Amended Proffer
i.Amendment ='_006-0"}
PROFFER FORM
Date: if) 11,06
Z NIA -, 2006-0s
'l as 'v ap an-' Peres' Nun ber(s 3,-_-4M - -43r 2-43D
26 Acres to be rezoned from PD -vlC to PD =IUIC
Pursuan- z t Section - of the Albemarle County Zoning Ordinance, the owner, or its duly authorized anent, her
voluntarily proffers' the condition- listed below which shelf be applied to the property, it" "rezoned. These conditions are
proffered as a part ofthe requested rezoning and it is weed that: (11 the rescuing itself gives rise to the need for the
conditions; and '2' such conditions have a reasonable relation to the rezonhhg request.
i. Development shall . be in general accord with the Application Plan, entitled Rezoning Application Plans for
Aollymead Town Center Regional Service Area B. (Sheen A -1, A -2, and A -6 of? only), prepared by Rivanna
Engineering L Surveying, PLC, revised February 15, 2002, last revised April 29,'-003 ( '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 rezontmg 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 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: ij comp]} with conditions
imposed by such Special Use Permits, and ii) assure compliance with .ARB requirements.
_. The owners of Area B. as shown on the Application Plan (the `Owner"' shall cause completion of the following
road improvements:
Access Road ,A, as depicted or -- the Application Plan, across from the Aoilymead Memorial Gardens
Cemetery at US Route 29 on 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
"V DOT "j and the County as par. of the Area B site plan. Access Road A also shalt include dead left
and dual right turn, lanes a€ the midsection with Route 29.
B. Dual ien, :urn lanes at the intersection o`Route 29 and Access Road A. from northbound Route 29
into Access Road A. "Fite dual left turn lanes and signaiization at Route 29 and Access Road A shall
include median eat and cross -over construction at the 1- iollvmsad Memorial Gardens Cemetep<
location, (the "Cross - over"; as scheduled in coordination with VDGT. The Owner also proffers to
constrnet a sinade southbound left turn lane on Route 29 at the intersection (to allow left turn
movement into the cemetery). All tarn movements shall be signalized at the intersection of koute 29
and Access Road A, as approved by VD,-)T.
C. i'ns Owner shall dedicate land, if necessary, and coriv uct a continuous right turn lure on, Route 29
so,iu =bound from t,.c northern boundar of the Propert} to tile entrance road, (Access Road A). The
Owner proffers to construct a third southbound through lane on Route 29 from the northern bounden
of the Property to the entrance road, (Access Road A) and beycnc- the entrance -mad. - ;Access Road A)
for a distance of M0 feet
D. The southbound through lanes of Route 29 shall be re- constructed to the profile grade ofthe
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 -aver.
The road improvements listed in 2A, 2$ 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 fl) 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) Iocation, (inside median or outside existing pavement), type
of section (e.g., urban vs. rural), and geometries 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, 200' , ( "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 shalt 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 -0 1 -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 shalt cause to be constructed and dedicated Meeting Street (formerly referred to as Ridge
Road) from its intersection with Access Road A (Hollymead Town Center Drive) to the northern boundary of
Area A (with Area C), as shown in blue on Exhibit A. Construction of the see' tion of Meeting Street as shown
on Exhibit A shall be completed for acceptance by VDOT for public use within two (2) years after the issuance
of acertificate of occupancy for Area B, by June 15, 2007. This section of Meeting Street shall be constructed
initially to accommodate two travel lanes (one in each direction) and a bicycle lane only (without parallel
parking and 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 Meeting Street 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 Ares A refuse after request from the County to dedicate
land sufficient for Meeting Street 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 Meeting Street,
and other related expenses.
5. Owner proffers to contribute $56,000.00 to the County or VDOT, on behalf of Area B and Area A for
the purposes of funding a regional transportation studs for the Route 29 corridor. The 550,080.00 contribution
shall be made within thirty {30) days alter 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 ail of the owners of the lands subject to ZMA- 01 -0 18, ZMA -0 1 -19, ZMA -01 -020, and ZMA -02 -002, as
such applications exist or, July 16, 2003, excluding residential
property, have ioined 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 (S.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 (T 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 (SQ') on center.
Submitted as of the 11 ° day of October, 2006, by
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGES TO FOLLOW.1
HOLLYMEAD TOWN CENTER, LLC,
a Delaware limited liability company
By: Regency Realty Group, Inc., a Florida corporation,
Its Manager
By� Date: A C 1 Id! G \.
Sts: l� C uh� Iz st'—L
TARGET CORPORATION, a Minnesota corporation
Bv: Date:
Name:
Title:
If you intend to proffer to limit the uses of your property to some ofthe uses permitted within the property's proposed
zoning district, the County suggests that your proffer contain the standardized introductory language set forth below,
For Proffers that will restrict the uses of the property to certain specified permitted uses and /or those uses authorized by a
special use permit the following language is suggested: _
Permitted uses of the property, andw uses authorized by special use permit, shall include only the following
sections) of the Albemarle County Zoning Ordinance in effect on (insert date of proffer), a copy ofthe
section(s) being attached hereto:
(State section number and the use associated with that section)
For proffers that will allow most ofthe uses permitted in the zoning district, but will exclude some, the following
language is suggested:
Permitted uses ofthe property, and/or uses authorized by special use permit, shall include only those uses
allowed in section(s) (insert section number(s)) of the Albemarle County Zoning Ordinance in effect on (insert
date ofthe proffer); a copy ofthe section(s) being attached hereto, except the following:
(State section number and the use associated with that section)
The date ofthe proffer should be the date that your application will be considered by the Albemarle County Board of
Supervisors.
By inc ?uding the tse associate with a section number the Count -- will be able to verify what is being proffered so that
there is no dispute (e.g., as a result of a typographical error; whether the proffered use was intended to be included or
excluded_
HOLLYMEAD TO'V N CENTER, LLC.
a Delaware limited liability company
By: Regency Realty Group, In (orida corporation,
Its Manager
By Date:+
Its: C"
TARGET CORPORA lON, a Minne aFporation /�
By: _��
Date: A �A� —
Name: , i Teriv�mard - """77T���
sistant secretary —
_ Title: r
If you intend to proffer to limit the uses of your property to some of the uses permitted within the property's proposed
zoning district, the County suggests that your proffer contain the standardized introductory language set forth below.
For Proffers that will restrict the uses of the property to certain specified permitted uses and/or those uses authorized by a
special use permit the following language is suggested: -.
Permitted uses of the property, and/or uses authorized by special use permit, shalt include only the following
section(s) of the Albemarle County Zoning Ordinance in effect on (insert date of proffer), a copy of the
section(s) being attached hereto:
1. (State section number and the use associated with that section)
For proffers that will allow most of the uses permitted in the zoning district, but will exclude some, the following
language is suggested:
Permitted uses of the property, and /or uses authorized by special use permit, shall include only those uses
allowed in section(s) (insert section number(s)) of the Albemarle County Zoning Ordinance in effect on (insert
data of the proffer'), a copy of the section(s) being attached hereto, except the following:
(State section number and the use associated with that section)
The date of the proffer should be the daze that your application will be considered by the Albemarle County Board of
Supervisors.
By including the use associate with a section number the County will be able to verity what is being proffered so that
there is no dispute (e.g., as a result of a typographical error) whether the proffered use was intended to be included or
excluded.
0�
F EC A I R RYAN p V �
i
ATTORNEYS AT LAW
A P- f—i—al C pomtiws
a
LORI H. SCHWELLER
D,r,t Pay- 43z,2% 090S
October 23, 2006
Y14 HA 'D DELIVERY
Mr. Sean Dougherty,
County of Albemarle
401 McIntire Road, Room 22',
Charlottesville, VA 22402
Re: Hollymead Town Center Regional Service Area B Amended Proffers
Dear Sean:
Enclosed are fully- executed originals ofthe amended proffers for Hollymead Town Center
Regional Service Area B. changing completion date for Meeting Street to June 15, 2007.
Please let me know if you need additional information or have questions regarding the
enclosed. Thank you very much.
Very truly yours,
Lori H. Schweller
Enclosures
cc: Mr. Wendell W. Wood, Registered Agent for HM Acquisitions, L.L.C.
Mr. Jeff Dierman. Dierman Realty Group, LLC
Mr. John D. Fitzpatrick, Regency Centers
Mr. J. P. Williamson, Jr., Octagon Partners, L.L.C.
Ms. Laurie Jones, Target Corporation
Lila Shapiro Cyr, Esq., Ballard Spahr
RECEFIVED OCT 23 2006
COMMUNITY DEVELOPMENT
<ii a 't I a'k. 1, t' 1 ;Z rI,,It 61,, I Al 1,1 N IL f6'i ...... �1u • Ro: Kok 11 13, a, 1, - %Xa hill G1 UC
�<t t.irc'I;i, ri t.t ncc.m