HomeMy WebLinkAboutSDP201700070 Other Final Site Plan and Comps. 2018-01-01 -t
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COUNTY OF ALBEMARLE
Dept of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296.5823
October 28, 1998
Steve Melton
195 Riverbend Dr
Charlottesville, VA 22911
RE: ZMA-98-20 Pantops PD-MC
Tax Map 78,Parcels 20A, 73, 73 A, 75 and 76
Dear Mr. Melton.
The Albemarle County Board of Supervisors, at its meeting on October 21, 1998- ancroi.ed the above-
noted request for approvalof an application plan for the general develoment of 49 acres. zoned PD-MC
(Planned Development Mixed Commercial); HC (Highway Commercial)and EC iEnrrance Comdor
Overlay District). Please note that this approval is subject to four modifications for;he appication plan
and four requirements for application plan approval. The modifications and requirements are as follow:
Modifications for Application Plan approval:
a. The Board granted a waiver of restrictions to development on critical slopes for and restricted to
the Kroger Shopping Center site,the DMV site and to those areas shown for roadways and other
infrastructure improvements on the Application Plan. Subsequent requests for ocher critical
slopes waivers as may be requested as other site plans are presented will be entertained by the
Planning Commision.
b The Board did not find that the request for relief from stormwater detention requirements to be
contrary to general planning/policy issues. The Board will allow administrative determination by
the Engineering Departent subject to satisfaction of the Engineering Deparanent concerns as to
adequacy of water quality measures as well as adequacy of downstream channels;
c. The Board can determine no compelling reason to incorporate commercial roadways into the
public road network. Primate roads will generally allow more flexibrity in site design due to more
flexibiity in setbacks and improvements which may occur within the right-of-way. Therefore, the
Board approved usage of private roadways internal to the development. This should not be
viewed as a zoning restnctton/prohibition to Board approval of these roads as public roads at
some future date;and
d. The Board believes that PD-SC parking standard was intended to encourage a Planned
Development approach for shopping center development. The Board found that this intent has
been accomplished through this petition and that usage of the PD-SC parking standard would be
appropriate with this intent as well as with standards of the Comprehensise Plan.
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Requirements for Application Plan approval:
I. A landscape plan providin lanalliallIMINIMMEMINIONIIIIIIIIIR
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hall be provided as a condition of site plan approval for all development. ';•e
landscape plan may preserve existing trees or provide plantings which shall provide the,.iecessary
screening within 15 years.
2. A street tree plan providing a 411111111111=111111111111111111111111Miashall be provided
as a condition of site plan or road plan approval. Large street trees shall be planted on both sides
of such roads in accordance with Section 32.7.9.6 of the Zoning Ordinance and shall be staggered
on opposite sides of the road.
3. All buildings shall be designed to provide
Assurance of such style,treatment and
color schemes shall be a con non site plan approval. Such approval may be given by the
Director of Planning and Community Development after providing notice to the Thomas
Jefferson Memorial Foundation and an opportunity for Foundation comments to be considered.
4. Approval and execution of the Four Party Road Improvement Agreement substantially in accord
with the document dated October 20, 1998,and attached hereto, shall be required prior to the
approval of any development plan.
If you have any questions or comments regarding the above-noted action, please do not hesitate to contact
me.
Sincerely,
Thq(2)-Y �
Ronald S. Keeler
Chief of Planning
RSKljcf
Cc: Amelia McCulley
Jack Kelsey
Tex Weaver
Steve Allshouse
Gordon Gledhill
AGREEMENT
THIS AGREEMENT is made this 24"f day of
1999, by and among HURT INVESTMENT CO. (hereinafter, the "Developer'); VIRGINIA OIL
COMPANY (hereinafter, "VOC"); the COUNTY OF ALBEMARLE (hereinafter, the
"County"), a political subdivision of the Commonwealth of Virginia; and the VIRGINIA
DEPARTMENT OF TRANSPORTATION(hereinafter, "VDOT").
WITNESSETH:
WHEREAS, the Developer has submitted to appropriate administrative agencies of the
County plans and other related documents for a planned development(hereinafter, the
"Development") located on the south side of Route 250 East (Richmond Road) at its intersection
with State Farm Boulevard:
WHEREAS, the County and VDOT have approved the conceptual design of the roadway
facilities proposed to serve the Development as generally depicted on the Application Plan
prepared by B. Aubrey Huffman. P.E., dated August 24, 1998 (hereinafter. the `Application
Plan"), a copy of which is attached hereto as Exhibit 1 to this Agreement;
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WHEREAS, neither the County's nor VDOT's approval of a conceptual design
constitutes the approval of a design for construction or the development of the land:
WHEREAS, the Developer intends to design and construct all of the streets in the
Development to a standard not less than VDOT's 1996 Subdivision Street Requirements
(hereinafter, the"Subdivision Street Requirements") so that the streets identified on the
Application Plan may qualify for acceptance as part of the secondary system of state highways;
WHEREAS, the Developer intends to ask the County to request that VDOT accept
certain streets identified on the Application Plan as part of the secondary system of state
highways at such time as the County's requirements and the prescribed requirements for
VDOT's acceptance, pursuant to the Subdivision Street Requirements, have been satisfied; and
transfer such streets to VDOT pursuant thereto; and
WHEREAS, the purpose of this Agreement is to delineate the responsibilities of each of
the parties,respectively, with respect to the said roadway facilities.
NOW THEREFORE, for and in consideration of the premises, the parties do hereby
agree as follows:
A. DEVELOPER RESPONSIBILITIES:
The Developer will:
1. Prepare and submit for County review and approval detailed road plans for
Hansen Road, Rolkin Road, Davidson Road and Abbey Road (hereinafter, the
"Major Component Roads"), and for the road improvements-set out in paragraph
3., hereinafter, all in conformance with the Application Plan, including
subsequent revisions, approved by both the County and VDOT. Such plans shall
be designed to accommodate the traffic that is expected to be generated by the
Development pursuant to the Subdivision Street Requirements, Section 24 VAC
30-90-130.
2. Finance and manage the construction of the Major Component Roads in
accordance with the detailed road plans approved by the County pursuant to its
administrative process and by VDOT in accordance with the Subdivision Street
Requirements, or with the VDOT Road Design Manual (hereinafter, the"Road
Design Manual,"whichever shall be applicable. Except as otherwise expressly
provided hereinafter, Hansen Road and Rolkin Road shall be constructed in
connection with the development of the major anchor store shown on the
Application Plan and shall be completed not later than the time of issuance of a
temporary or permanent certificate of occupancy for such major anchor store. To
the extent that later development shall generate ' al traffic beyond that
forecast pursuant to Section 24 VAC 30-90-130.
souniammiimmulmmart the time of site plan
approval for such additional development as required by then existing County
land use regulations.
3. Finance and manage the construction of the following, in accordance with the
Subdivision Street Requirements or the Road Design Manual, whichever applies,
under the provisions of a Land Use Permit, issued by VDOT in accordance with
its Land Use Permit Manual:
a. Full length turn lane and sidewalk on Route 250 from western property
edge to Rolkin Road;
b. Extension of existing raised median in Route 250 to prevent left turns into
or out of Hansen Road at such time as VDOT shall require such extension;
c. Extension of westbound left turn lane in Route 250 onto Rolkin Road for a
minimum of 400 feet(full width)plus 150 feet(taper), or such further
length as may be necessitated as shown analysis of traffic to be generated
from the Development using standard traffic engineering techniques and
regulations of VDOT;
d. Traffic signal at intersection of Rolkin Road and Route 250;
e. Improvements to Rolkin Road at intersection with Route 250 as shown on
the Application Plan;
f Improvements to entrance of Montessori School to align the same with the
improved intersection of Rolkin Road with Route 250, to the extent that
such improvements are required by VDOT regulations and legally within
the power of the Developer,
g. Extension of right turn lane along Route 250 from Rolkin Road to tie into
existing right turn lane at State Farm Boulevard; and
h. The cost of a traffic signal at the intersection of State Farm Boulevard and
Hickman Road when VDOT determines the same to be warranted in
accordance with its regular procedure.
4. Pay to VDOT, through the County, eighteen (I 8)percentum of the cost of a traffic
signal to be installed by VDOT at the intersection of State Farm Boulevard and
Route 250 East at such time as VDOT determines the same to be warranted in
accordance with its regular procedure, and prior to issuance of the Land Use
Permit by VDOT to the Developer. At any time after VDOT determines the
traffic signal to be warranted, the Developer shall, at the County's written request.
deposit such sum in an escrow account payable to the County.
5. The improvements set out in paragraphs A.3.a.,A.3.c., A.3.d.. A.3.e, A.3.f. and
A.3.g. of this Agreement,and the construction of Abbey Road and Davidson
Road shall be constructed in connection with the first part of the Development
shown on the Application Plan which shall generate traffic sufficient to warrant
the installation of the signal described in paragraph A.3.d. of this Agreement, and
shall be completed not later than the time of issuance of a temporary or permanent
certificate of occupancy for the same.
B. VOC RESPONSIBILITIES:
VOC will dedicate by deed, in VDOT's name, additional right-of-way required to
construct the turn lane set forth in paragraph A.3.g. of this Agreement and will dedicate
to public use, by plat reference, right-of-way necessary for the construction of Davidson
Road. Such dedications shall be sufficient to provide right of way for such improvements
to the extent required by VDOT or the County, whichever shall be greater, and shall be
completed prior to the commencement of construction of such improvements.
C. COUNTY RESPONSIBILI I I S:
The County will review the road plans and related documents submitted by the Developer
for the Development pursuant to Section A of this Agreement. Such review shall be to
ensure compliance by the Developer with applicable County land use regulations,
including, among others, Section 8.5 and Section 32 of the County's Zoning Ordinance.
Because the review of such plans is a ministerial function, the County will approve the
said plans and related documents at such time as they are determined to be in compliance
with all applicable regulations. In addition, the County will coordinate the review of such
plans and related documents by other interested government agencies, including, but not
limited to. VDOT.
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The County shall pass through to VDOT the principle sum paid by the Developer for its
participating share of the traffic signal addressed, as provided in paragraph A.4. of this
Agreement.
D. VDOT RESPONSIBILITIES:
VDOT will:
Review the plans and related documents submitted on behalf of the Developer through
the County with respect to the roadway improvements herein above described and shall
approve the same when they comply with the provisions of the Subdivision Street
Requirements or the Road Design Manual, whichever applies: and
Subject to receipt of an application in proper form by the Developer, issue a Land Use
Permit for the improvements to existing public highways under VDOT jurisdiction as set
forth in Section A of this Agreement.
E. RECORDATION:
The parties agree that this Agreement shall be recorded among the land records of
Albemarle County.
F. BINDING EFFECT ON SUCCESSORS; AMENDMENT:
The parties agree that the obligations set forth herein above shall be binding upon, and
shall be enforceable by, their respective successors in interest, including, without
limitation,pro Canto, any successor or assignee of the Developer or the owner who
acquires any property which includes any portion of the Development. This Agreement
may be amended from time to time, in writing, upon the mutual agreement of all parties
hereto.
Witness the following signatures. the date first above written.
HURT INVESTMENT CO.
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VIRGINIA OIL COMPANY ‘.1 .4.
By:
Approved as to form: COUNTY ALBEM E
BY:
A o
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VIRG : • EPAR TENT 0 NSPORTATION
September 1, 1999 By:
Office of the Attorney General
COMMONWEALTH OF VIRGINIA
Cf Y/COUNTY OF A I b ei-rvu. I(..
The foregoing instrument was acknowledged before me this 441) day of
'Jum_ , 1999, by i'11(1,I tb IV. Nu yr , . on
behalf of Hurt Investment Co.
(la! 6 WQ1 k L,t i.�
Notary Public
My commission expires: . )3112 CC I
COMMONWEALTH OPY IRGINI
CITY/COLS"l'`OF (---1(c,;c.Z, i�-A z- Ze.-. :
Th The foregoing instrument was acknow dged before m his day of
e fir// , 1999, by i• .4,,
onXiehalf of Virginia Oil Company. /
\-- 7,/ ..Ate•:4--47
Notary Public
My commission expires: 6' 3,/"d
COMMONWEALTH OF VIRGINI.A
/COUNTY OF Albemarle
The foregoing instrument was acknowledged before me this 15th day of
June , 1999, by Robert W. Tucker, Jr. , on behalf of the
County of Albemarle.
4d„,.
v
Notary Public
My commission expires: June 3C, 2001
COMMONWEALTH OF V RGINIA
CITY/COLS OF
The foregoing instrument was acknowledged kefore me this / day of
, 1999, by ��g4 Act,/ >742 , on behalf of the
Comfnonwealth of Virginia.
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tart Public
My commission expires: 6j3%o 3
I:1DEPT ATTORNEY1GKICONTRACT1ROADSIPANTOPSROADSK.DOC
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