HomeMy WebLinkAboutZMA202400003 Proffers Zoning Map Amendment 2024-04-04ZMA Number and Name:
Tax Map and Parcel Number(s)
Owner(s) of Record:
Date of Proffer Signature:
Original Proffers
Amendment
PROFFER STATEMENT
ZMA2024-000_ Hollymead Town Center Area C Block I
03200-00-00-041D6 (TMP 32-41D6)
03200-00-00-041D5(TMP 32-41D5)
03200-00-00-041D4(TMP 32-41D4)
03200-00-00-041D3 (TMP 32-41D3)
Hollymead Corner, LLC
HTC Hotel LLC
Smith Farm Enterprises, LLC
Post Office Land Trust
Rezone 6.76 acres (TMP 32-41D6, TMP 32-41D5, TMP 32-41D4, and TMP 32-41D3) from Planned
Development Mixed Commercial to Planned Development Mixed Commercial.
Hollymead Corner, LLC is the owner of Tax Map and Parcel 32-41D6, HTC Hotel, LLC is the owner of
Tax Map and Parcel 32-41D5, Smith Farm Enterprises, LLC is the owner of Tax Map and Parcel 32-
41134 and Post Office Land Trust is the owner of Tax Map and Parcels 32-41D3. Fur the purposes of these
proffers, Hollymead Comer, LLC, HTC Hotel, LLC, Smith Farm Enterprises, LLC and Post Office Land Trust are
collectively referred to herein as (the"Owner).
Tax Map and Parcels 32-41D6, 32-41D5, 32-41D4 and 32-41D3, are collectively referred to herein as (the
"Property's.
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owners 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 Ownerforthis 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 ZMA201900012: A Revision to ZMA2017-00005, Previously
Revised from ZMA 2013-00004, Originally Revised from ZMA01-20-2001 (Area C) 'At Hollymead
Town Center"' dated July 20, 2020. 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 further
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 future 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 41DI 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 location, 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) southbound 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
AreaC.
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 of the 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, length, 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 byVDOT.
PROFFER #2 STATUS: THIS PROFFER HAS BEEN SATISFIED.
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 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.
PROFFER #3 STATUS: THIS PROFFER HAS BEEN SATISFIED.
4. Upon request of the County, the Owner shall contribute $10,000.00 to the County or VDOTfor
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 Cand, if not expended for such
purposes within three years from the date the funds were contributed such funds shall be
refunded to the Owner.
PROFFER #4 STATUS: THIS PROFFER HAS BEEN SATISFIED.
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 rata 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 refunded
to the Owner.
PROFFER #5 STATUS: THIS PROFFER HAS BEEN SATISFIED.
6. 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.
PROFFER #6 STATUS: THIS PROFFER HAS BEEN SATISFIED.
The undersigned Owner hereby proffers that the use and development ofthe Property shall be in
conformance withthe 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.
The owners of parcels D4 and D5, who have joined herein are not liable for the performance or
compliance with the proffers contained in paragraph 2 A-F the Proffer Statement (ZMA2019-00012
Hollymead Town Center Area C Block I) as the construction or reconstruction required by paragraph 2 A-
F have been completed prior to the submission of this proffer. Each owner shall be liable hereunder only
to the extent that the use of such owner's property does not comply with the requirements of the proffers
as hereby amended.
WITNESS the following signatures:
OWNER:
Hollymead Corner, LLC
By:
Title: httkW� N0uYllt64flt�E2
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE, to wit:
The foregoing instrument was acknowledged before me this 3rd day of April 2024, by Hollymead
Corner, LLC.
[Seal]
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Of REG.18080P84 •i q
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My commission expires: j 131 12l
Notary #: g09 0284
OWNER:
HTC Hotel, LLC
By: /FPtI R'1 I fjL �. PAL
Title:
COMMONWEALTH OF VIRGINIA
COUNTY OF gjL���, to wit:
The foregoing instrumento�Od4
was acknowledged before me this A day of Ft"A4_2020 by HTC Hotel, LLC.
My commission expires:
Not ar; Public
WE, HTC Hotle LLC, confirm that none of the additional square
footage will be applied to the Hotel.
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OWNER:
Smith Farm Enterprises, LLC
By: Jo,4��'__/y
Title:
COMMONWEALTH OF VIRGINIA
COUNTY 017\ <1 'C%,a�", to wit:
The foregoing instrument was acknowledged before me this )6 day of C&O-04'42029 by Smith Farm Enterprises,
LLC. ej
My commission expires:�y3� aba�
Notary Public
MELISSA DEE TRUELOVE
NOTARY PUBLIC
REGISTRATION #34951D
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JANUARY 31, 2027