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Home My WebLink AboutLZC201300020 Legacy Document 2013-12-05• `i'. �. �! COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 October 30, 2013 J. Alden English, Esq. Woods Rogers PLC 123 East Main Street, 5t" Floor Charlottesville, VA 22902 RE: LZC201300020 396 Towncenter Lane /Albemarle County Tax Map Parcel 03200 -00 -00 -04700 (the "Property ") Dear Mr. English: Fax (434) 972 -4126 In response to your request for a Letter of Zoning Compliance for the above referenced parcel I have examined our records with respect to the zoning status of the Property owned by Route 29 LLC, situated at 396 Towncenter Lane in Albemarle County, Virginia, on which parcel a Kohl's Department Store currently operates. Please be advised of the following: ■ The parcel lies within the boundaries of Albemarle County and, as the Chief of Zoning Administration and Deputy Zoning Administrator for the County, I am authorized to execute this letter. ■ The parcel is zoned Planned Development -Mixed Commercial (PD -MC) and is located in the Entrance Corridor Overlay District (EC). The most recent zoning map amendment (ZMA) approved for this Property (ZMA201000014), amended the proffers of the ZMA that originally allowed the parcel to be rezoned to PD -MC. This ZMA was approved January 12, 2011 with proffers. A copy of the approval letter with the approved proffers is attached. ■ A discount department store is permitted by right within the PD -MC zoning district classification. I: \DEPT\Comm unity Development\Zoning & Current Development Division \Determinations of Compliance\2013 Compliance \LZC201300020 Kohl's Department Store.doc Mr. J. Alden English, Esq. October 30, 2013 Page 2 ■ The Kohl's Store is developed in accordance with an approved site plan (SDP200800113) approved December 31, 2008, with the exception of a transit stop and an asphalt trail called for in the proffers. ■ This office is currently pursuing a zoning violation for the Property (ZV1O201200061, attached) for the transit stop (proffer #3) and trail (proffer #8). The developer has applied for a ZMA to amend the two proffers in violation. ■ To the best of my knowledge, the current uses and improvements are in compliance with all other applicable rules and regulations of the zoning ordinance, including parking requirements. Please contact - this - okice if you are in need of further assistance. Si Ronald L. Higgins, AICP Chief of Zoning /Deputy Zoning Administrator Enclosures: Copy of approval letter and proffers for ZMA201000014 Notice of Violation ZV1O201200061 I:\DEFRCommunity Development\Zoning & Current Development Division \Determinations of Compliance\2013 Compliance \LZC201300020 Kohl's Department Store.doc pF AL 4$ �'IRGINtP COUNTY OF ALBEMARLE' Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 March 18, 2011 Wendell Wood P.O. Box 5548 Charlottesville, VA 22905 RE: ZMA201000014 Hollymead Town Center (Area A -1) TAX MAP/PARCEL: 032000000042A0, 04600000000500, 03200000004400 (portion), 03200000004500 (portion) Dear Mr. Wood: I apologize for the delay in getting this letter to you. On January 12, 2011, the Albemarle County Board of Supervisors approved the above referenced zoning map amendment for the above referenced parcels, amending the existing proffers in accordance with the attached proffers dated January 12, 2011. Please refer to this document for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no future uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • approval of and compliance with SITE PLAN; and • approval of ZONING COMPLIANCE CLEARANCE. If you have questions or comments regarding the above -noted action, please do not hesitate to contact Ron Higgins at 296 -5832, Sincerely, V. Wayne Cilimberg Director of Planning Cc: Applicant Owner Tex Weaver Chuck Proctor (VDOT) Steve Allshouse Sherri Proctor Sarah Baldwin File Amended Proffer; X Amendment; I PROFFER FORM Date; January 12, 2011 ZMA 4: ZMA 2010 -00014 Bollymead Town Center Area A -I Tax Map Parcel Numbers: 32 -42A, 32 -44 (portion), 32 -45 (portion) and 46 -5 59.162 Acres to be rezoned from PD -MC to PD -MC Tax Map Parcel Nunnbers: 32 -42A, 32 -44 (portion), 32 -45 (portion) and 46 -5, comprising approximately 59.162 acres are subject to rezoning application ZMA 2010 -00014 and to this Proffer Statement (the "Property "). The Property is described with more particularity on a plan entitled "ZMA Application Plan for PD -MC Portion of Hollymead Town Center Area A, Sheets Al., A2, A3, A4, A5, Exhibit A, and Exhibit B," approved September 12, 2007, hereinafter referred to as "the Project," prepared by Dominion Development ReSOLIrces LLC, (tile "Application Plan "). The Owner of the Property is Route 22, LLC, a Virginia limited liability company (the "Owner "). The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property to Planned Development Mixed Commercial (PD -MC) as requested, the Owner shall develop the Property in accord with the following proffers pursuant to Section 1.5.2 -2303 of the Code of- Virginia, 1950, as amended, and pursuant to Section 333 of the Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that the conditions are reasonable, These proffers supersede those accepted in conjunction with .ZMA 2005- 015 provided that, if rezoning application ZMA 2010 -00014 is denied, these proffers .shall immediately be null .and void and of no further force and effect, and the proffers accepted in conjunction with ZMA 2005 -015 shall remain in full force and effect. 1, Road Improvements - To the extent not currently completed, the Owner shall design, construct and dedicate to public use for acceptance by VDOT the roads listed in Proffer 1(B) as provided herein: A. Design and construct. The roads shall be constructed in accordance with road plans submitted by the Owner and approved by the Virginia Department of Transportation ( "VDOT "). All of the foregoing.improvements shall be constructed to VDOT design standards pursuant to detailed plans agreed to between the Owner, the County and VDOT. B. The roads and the time of their completion. The following . roads' shall be designed and constructed by the milestones provided herein: Within two years from the date of approval of the first site plan or subdivision plat. The road plans for the following roads will be submitted to VDOT and the County with the first site plan or subdivision plat, -and tile, following roads shall be will be constructed and accepted by VDOT within two years from the date of approval of the first site plan or subdivision plat: a. A continuous right turn lane on Route 29 southbound from the intersection of Town. Center Drive to the southern boundary of Area A. This proffer, identified as Proffer ,IA from ZMA 2005 - 00015, has been satisfied, . b, An entrance to Route 29 southbound (right in / right out only) in the area to the south of building B, as shown on the Application Plan, This proffer, identified as Proffer I C from ZMA 2005 - 00015, has been satisfied, 2. Within one year after the date of approval of ZMA 2005 - 00015, Within one (I ) year after the date of approval of ZMA 2005 - 00015, the following roads shall be• completed: a, Meeting Street from the intersection of Town Center Drive to the northern boundary of Area A. Meeting Street will have two northbound and two southbound travel lanes, one northbound and one southbound bicycle lane, Initially, one lane in each direction may be utilircd as on- street, parking, b, Town Center Drive (previously Access Road A) from the eastern edge of the MAD Zoning boundary at the intersection of Meeting Street to its intersection with State Route 606, also known as Dickerson Road. This section of Town Center Drive shall be constructed to accommodate two travel lanes, with a cross section approved by the County and VDOT in a minimum 60 -foot wide right -of -way. Within one year after request by the County, Within one.(l) year after request by the County, Meeting Street from the intersection of Town Center Drive to the southern boundary of the Property. C. When construction deemed complete, For purposes of Proffer 1(B)(2) and (3), construction of each street shall be deemed complete when it is ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the state - maintained system, and the owner has obtained from the County Engineer a Written determination that the street is safe and convenient for traffic, • 2, Regional Transportation ,Study, - The Owner shall contribute $59,000,00 cash to the County or VDOT for the purposes of funding a regional transportation study for the Route 29 corridor, The $59,000,00 cash contribution shall be made, prior to the first site plan approval for Area A -1, This proffer, identified as Proffer 2 from ZMA 2005 - 00015, has been satisfied, 3. Public Transit Sto» Construction_ - The Owner shall construct one public transit stop within Hollymead Town Center Area A -1, The location of the public transit stop shall be identified on the approved Application Plan and refrained in the County files. The location shall be approved by the Director of Planning, prior to approval of the first subdivision plat or site plan for Hollymead Town Center Area A -I , Construction of the public transit stop shall occur• in conjunction with improvements for the first site plan or the public street plans which include the area for the transportation stop, The design of the public transit stop shall be subject to approval by VDOT and the County Engineer, and shall include no less than 200 square feet of paved surface and two benches. �r c,` a a 1 4, Public Transit Operating Expenses - Within thirty days after demand by the Co ty after pub ' transportation service is provided to the Project, the Owner shall contribute cash o the County to be used for operating expenses relating to such service, and shall cotribute cash to . the County each year thereafter for a period of nine (9) additional years, such that-the cash contributed to tine County pursuant to this Proffer 4, shall total Hundred+iRy Thousand Dollars The cash contribution in years two through ten sl ll.be paid by the anniversary date of e first 17H- br- coiitribution.+fp�rbl� --tK• trvee-� ►�' � PT� ttn • FIVE.. �'�v.a .c °�' t 2, 5. Intersection Analysis - The Owner shall submit an analysis of the Conner Drive and Town Center Drive intersection with the first site plan for the Project, The analysis shall be prepared by a qualified traffic engineer for the purpose of determining when the intersection would need to be signalized, The analysis should take a five (5) year projection to determine, based on the submitted site plan, when the intersection would require a signal, The analysis shall be submitted for review and approval by the County Engineer, If that analysis concludes the need for the intersection to be signalized within the five (5) year projection period, the Owner shall pay for the cost.of the signal and synchronization when VDOT determines the signal is needed, This proffer, identified as Proffer 5 fi-on ZMA 2005 - 00015, has been satisfied. 6. Community Development Authority - Upon the request of the County, the Owner shall petition for and consent to a Community Development Authority ( "CDA ") established pursuant to Section 15.2- 5152, el 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, 7, Critical S1o• es, Erosion and Sediment Control and Stormwater ManaLlement A, Critical Slopes. The Owner shall apply for critical slope waivers for any roads located in critical slopes governed by § 18 -4.2 et seg, of the Albemarle County Code. B. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as determined by the County's Program Authority, provide additional erosion and sediment controls to achieve a sediment removal rate of eighty percent (80 %) for the Property. (As a reference, current regulatory structural measures achieve a 60% optimal removal rate.) C. Revegetation, Within nine (9) months after the start of grading under any erosion and sediment control permit, permanent vegetation shall be installed on -all the denuded areas, except for areas the Program Authority determines are otherwise permanently stabilized or are under construction with an .approved building permit. A three (3) month extension for the installation of permanent vegetation may be granted by the Program Authority due to special circumstances including but not limited to weather conditions, D. Stormwater. The Owner shall, to the maximum extent practicable as determined by the County's Program Authority, provide additional stormwater management to achieve a removal rate 20% better than would otherwise be required by the Water .Protection Ordinance (Albemarle County Code § 17 -100 et seq.) app, to a maximuiii of an eighty percent (80 %) removal rate for each phase. B. Greenway Dedication - The Owner shall dedicate in fee simple a minimum 4.5 acre "Greenway" to Albemarle County, The land to be dedicated as the Greenway is identified on the Application Plan as "Greemi).ay Area dedicali077 to Albenaarle Couno), and shall 'include all flood plain area along Powell Creek., The Owner shall complete the improvements shown on the Application Plan and shall dedicate the Greenway to the County at the time of the first site plan or subdivision plat approval. The Owner shall be responsible for the cost of a survey and preparing the deed to convey the Greenway to the County. 9, Greenway Connection - Upon the request of the County, the,-Owner shall contribute $50;000 cash to the County to, provide pedestrian access to and costs for, a signalized, at -grade pedestrian crossing' across Route 29 'to connect Hollymead Town Center with Hollymead Drive, The final location and construction elements for the trail shall be determined by the Director of Parks and Recreation in consultation with the County Engineer. The location for the at -grade crossing and signal shall be determined by the County Engineer in consultation with the Director of Parks and Recreation and VDOT, This proffer, identified as Proffer 9 from ZMA 2005 - 00015, has been satisfied. 10. LIED Standards for Core and Shell Development - The Owner shall cause the commercial buildings in the Project to be designed and constructed to meet miniml.1111 Standal'CIS For certification (twenty -three (23) credit points) unCler LEED Green Building Rating System for Core and Shell Development as set forth in the U.S. Green Building Rating System, Version 2,0, July 2006, Prior to the issuance of a building permit, the OWI1e1' Shall submit a certification from a LCCD certified architect to the Director Of Conlnlunity Development that the buildings meet LECD sumclards,• Before the Owner requests that a certificate of occupancy for any building for which a licensed architect rendered such a certificate, the Owner shall submit to the County's Director of Conlnlunity Development a written statement from the architect that the bl.lildillg was bUilt• to the plans on which the certificate was based, 11. Additional Pub -The Owner shall eonstrud a plaza area, as identified as "Plaza Amenity" on the Application Plan, within the Project of no less than 5,000 square feet for the purpose of public gathering and passive outdoor recreation. The plaza shall contain areas of permanent outdoor seating, a water feature, and landscaping, the design and construction which shall be Subject to final site plan review and Subject to the satisfaction of the Director of Planning. WITLESS the following signature; ROTJTE 29 LLC By: Wen ell W. Wood Operating Manager COMMONWEALTH P VIRGINIA, CITY /COUNTY OF (J , to -wit; The foregoing instrument was acknowledged before me this day ofJ�U u (�.� , 201, by Wendell W. Wood, Operating Manager for Route 29, LC, My Commission expires; Notary . ublic Notary registration number: L 1 (1 V m for .tc�,,' ti rG COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 FAX (434) 972 -4126 TELEPHONE (434) 296 -5832 TTD (434) 972 -4012 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION The Date this Notice of Determination is given is April 2, 2012. CERTIFIED MAIL # 7108 2133 3937 41201410 Route 29, LLC, Wendell Wood P.O. Box 5548 Charlottesville, VA 22905 Property: 03200- 00- 00- 042A0, 03200- 00- 00- 042CO3 03200 -00 -00 -04400 (portion), 03200- 00 -00- 04500 (portion), 04600 -00 -00 -00500 (portion) Tax Map and Parcel Numbers Zoning: Planned Development Mixed Commercial No: VIO- 201200061 Route 29, LLC. Owner of Record This notice is to inform you that as the owner of the above described property, Route 29, LLC. is -in. violation of the Albemarle County Zoning Ordinance due to unsatisfied proffers relating to ZMA 2010 -14, which is-an amendment to ZMA2005 -15. More specifically, Proffers 3 & 8: -Proffer #3 requires construction of a public transit stop, including not less than a 200 square foot paved surface and two benches, in conjunction with the improvements for tlae first site plan or the public street plans which include the area for the transit stop. Proffer #8 requires construction of greenway improvements as shown on the Application Plan approved as part of the rezoning which depicts a 10 foot wide greenway trail paved w1t1t2 inches of asphalt and 6 inches of gravel. These improvements were to be complete at the time of the first site plan or subdivision plat approval. County staff has determined that neither the transit stop or greenway improvements are complete as of this date; therefore the proffers have not been satisfied. ZVI0201200061 April 2, 2012 Section 33.3.3 of the Zoning Ordinance authorizes the zoning administrator to: "administer and enforce conditions attached to a rezoning, including the ordering in writing of the remedy of any noncompliance with such conditions and the bringing of legal action for injunction, abatement or other appropriate action or proceeding." This letter serves to order you to complete the outstanding improvements, as prescribed in the aforementioned ZMA or amend the proffer, by no later than August 18, 2012. Failure to comply with this deadline may result in legal action being taken against you. If you are aggrieved by this determination, you have a right to appeal it within thirty'(30) days of this notice, in accordance with Virginia Code § 15.2 =2311. If you do not• file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator 'and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.or /g cdgpps. This form applies to the appeal of•a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at: http: / /www.albemarle.org co=codebza. PIease note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug -in is available at the bottom of www.albemarle.or /g cdapps. Sarah D. BWldwin Designee to the Zoning Administrator County of Albemarle ZVI0201200061 AUTHENTICATION OF RECORD/ CERTIFICATE OF MAILING (Code of Virginia § 8,01 -390) (Notice of Official Determination of Violation) I, sV r r�by certify: 1. that I am a Code Enforcement Officer and an employee of the Albemarle County Department of Community Development; 2. that on , 20Lg -I mailed a true copy of the record attached hereto, consisting of a Notice of Official Determination of Violation dated AWZ, Z , 20L2-pertaining to that property identified as Parcel ID the recipient(s) identified thereon at the address(es) specified thereon; and 3. that the copy of such record which 1 attached hereto is a true copy of the record-that was mailed; Dated: /2— Signed: COMMONWEALTH OF VIRG. IA CITY /� OF Q,�/l � k The ", egom Authentication of Record/Certificate of Mailing was signed, sworn to and acknowledged before me by � ,`-1n ti)(Si� , Albemarle County Code Enforcement Officer, this Zn� day of _, 20 (Z G Notary Public My Commission Expires: 10 ` 31 TD Notary Registration No, MARGIEK COLLINS NOTARY PUBLIC REGISTRATION # 100901 COMMONWEALTH OF VIRGINIA MYC MI 10 XPIRES '. j__M _