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Home My WebLink AboutZMA202000011 Action Letter 2021-04-05County of Albemarle COMMUNITY DEVELOPMENT DEPARTMENT March 24, 2021 Lori H. Schweller Williams Mullen 321 East Main Street, Suite 400 Charlottesville VA 22902 Ischweller(a)wi Iliamsmullen. com RE: ZMA202000011 Premier Circle follow up Action Letter with Proffers Dear Ms. Schweller, 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone:434-296-5832 Ni W1 4.A!.3;EW.A LS.CRG On February 17, 2021, the Board of Supervisors took action on your Zoning Map Amendment on Tax Map Parcel Number 061M0000000600 in the Rio District. The Zoning Map Amendment was approved by the Board's adoption of the Ordinance and Proffers attached. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with the approved ZONING MAP AMENDMENT • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. Should you have questions regarding the above -noted action, please contact me on 434 2965832 or email mnedostuoCc albemade.orc Sincerely, Megan Nedostup Development Process Manager Planning Division CC. Tiota LTD 5513 Wyant Lane Charlottesville VA 22903 Peidmont Housing Alliance Development Virginia 682 Berkmar Circle Charlottesville VA 22903 Rebecca Ragsdale Principal Planner, Zoning Division ORDINANCE NO.21-A(3) ZMA 2020-00011 AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX PARCEL 061MO-00-00-00600 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 2020-00011 and their attachments, including the code of development dated January 4, 2021, the application plan dated January 15, 2021, and the proffers dated January 25, 2021, the information presented at the public hearing, any comments received, the material and relevant factors in Virginia Code § 15.2-2284 and County Code §§ 18-20A.1 and 18-33.27, and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board hereby approves ZMA 2020-00011 with the code of development dated January 4, 2021, the application plan dated January 15, 2021, and the proffers dated January 25, 2021. sss 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 six to zero, as recorded below, at a regular meeting held on FehmW 17, 2021. Clerk, Board oT Count3t,%pervisors Nay Mr. Gallaway Y Ms. LaPisto-Kirtley _ Y Ms. Mallek _ Y Ms. McKee) Y Ms. Palmer Y _ Ms. Price Y Original Proffers Amendment PROFFER STATEMENT ZMA 2020-00011 Project Name: Premier Circle Parcel Number: 061MO-00-00-00600 Owner of Record: Tiota, Ltd. Date: January 25, 2021 Approximately 3.75 acres to be rezoned from C-1 Commercial to NMD — Neighborhood Model Development Tiota, Ltd. is the sole owner (the "Owner") of Parcel Number 06 1 MO-00-00-00600 (the "Property"), which is the subject of rezoning application ZMA 2020-00011, a project known as "Premier Circle" (the "Project"). The Project's conceptual plan, dated September 21, 2020, last revised January 4, 2021, prepared by BRW Architects and Timmons Group, is entitled "Premier Circle, ZMA 2020-00011, County of Albemarle, Virginia, Rio District" (the "Concept Plan"). A Code of Development, drafted by BRW Architects in accordance with County Code § 18-20A.5, specific to Parcel Number 061M0- 00-00-0600, is entitled "Premier Circle, ZMA 2020-00011," dated September 21, 2020, last revised January 15, 2021. Pursuant to Albemarle County Code § 18-33.3, the Owner hereby voluntarily proffers the conditions listed below, which will apply to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the requested rezoning. The owner and applicant specifically deem the following proffers reasonable and appropriate, as conclusively evidenced by the signature(s) below. 1. Premier Circle Improvements: (a) To contribute to traffic safety, the Owner must restripe the centerline and stop bars at each end of Premier Circle and repaint faded directional arrows or other traffic control striping in accordance with Virginia Department of Transportation (VDOT) standards. The Owner must complete such restriping before the County issues a Certificate of Occupancy for the building(s) constructed in Phase I of the Project. (b) Within thirty (30) days of the issuance of a land disturbance permit for the Project, the Owner must trim vegetation obstructing frce vehicular passage over the Premier Circle right-of-way, and, throughout the existence of the Project, will ensure that Premier Circle is kept clear of limbs and other vegetation that may impede safe passage over the road. (c) No later than thirty (30) days following the issuance of a land disturbance permit for the Project, the Owner must install a stop sign at the southern terminus of Premier Circle, at its intersection with U.S. Route 29 North (Seminole Trail). (d) Prior to issuance of the first Certificate of Occupancy, the Owner must construct sidewalks in the Premier Circle right-of-way to connect the entrance of the Project to the existing sidewalk system along U.S. Route 29 North (Seminole Trail) and to the transit stop described in the proffer below. The general location of the sidewalks within the Premier Circle right-of-way is shown on Sheet 5 of the Concept Plan. If the transit stop is located in front of the Project, the Owner must connect the sidewalk along Premier Circle to that transit stop. (e) Commencing no later than thirty (30) days following site plan approval, the Owner must use commercially reasonable efforts to cause the Declaration, dated November 1, 1983, recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 797, page 242 (the "Declaration") to be amended and/or restated to upgrade the applicable road standard, specify members' obligations to contribute to road maintenance, and add association governance provisions. 2. Transit Ston. Following commencement of construction of Phase I of the Project, upon demand by the County of Albemarle, the Owner must construct a transit stop (the "Transit Stop") on the Property. The Transit Stop must be designed and constructed in coordination with, and is subject to the approval of, the appropriate County and transit authorities. The Transit Stop must incorporate pedestrian access and signage consistent with similar existing transit stops. The Owner must either (a) dedicate any portion(s) of the Transit Stop located on the Property to public use or (b) grant any easement necessary to allow public access and usage of the Transit Stop. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.] Signature Page for Proffer Statement for Premier Circle, ZMA 2020-00011 TMP 061MO-00-00-00600 1612/►`I", TIOTA, LTD., a Virginia corporation 0 44296587VI