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HomeMy WebLinkAboutZMA201300004 Proffers Zoning Map Amendment 2014-09-18Original Proffers Amendment X PROFFER STATEMENT ZMA No. 2013 -00004 Tax Map and Parcel Number(s): 03200 -00 -00 -041 LO Owner(s) of Record: Post Office Land Trust Date of Proffer Signature: -( / g` I 5.74 acres to be rezoned from PD -MC to PD -MC Post Office Land Trust II is the owner (the "Owner ") of Tax Map and Parcel Number 03200-00-00 - 041LO (the "Property ") which is the subject of rezoning application ZMA No. 2013 - 00004, a project known as "Hollymead Town Center Area C, Blocks IV and VI" (the "Project "). Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle County Code), the Owner 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 Owner for this Proffer Statement. This proffer statement amends the proffers applicable to the Project that were accepted in conjunction with ZMA 2001 - 00020, Hollymead Town Center Area C. 1. Intentionally omitted. 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 VDO.T's acceptance as follow: 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 41D1 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 tum 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. ZMA 2013 -00004 I-Iollymead Town Center Area C Blocks IV and VI 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 recoristructed 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 Parce141A to the right -in at the Southern entrance of Area C. 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 geometries of all lane improvements shall be as required by VD.OT design standards and detailed plans submitted by the Owner and approved by VDOT. 3. 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 Trot fully, completed by the issuance of a 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 2 ZMA 2013 -00004 Hollymead Town Center Area C Blocks IV and VI satisfactory completion of road improvements required for public safety, and signal i zati on; 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 clays of the rezoning and shall diligently pursue such approvals from VDOT. 4. Upon request of the County, the Owner shall contribute $10,000.00 to the County or VDOT for 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 C and, if not expended for such purposes within three years from the date the funds were contributed, such funds shall be refunded to the Owner. 5. 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. Iffive 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. 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. Post Office Land Trust II 3 By: ,� _ ORDINANCE NO. 14 -A(2) ZMA 2013 -00004 AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX MAP AND PARCEL NUMBER 03200 -00 -00 -041 LO WHEREAS, the application to amend the zoning map for Tax Map and Parcel Number 03200- 00 -00- 041 LO (the "Property ") is identified as ZMA 2013- 00004, Hollymead Town Center – Block VI ( "ZMA 2013- 00004"); and WHEREAS, the Property is zoned Planned Development– Mixed Commercial ( "PD -MC "), subject to the proffers, an application plan, and a code of development, all of which were adopted on August 6, 2003 in conjunction with ZMA 2001 - 00020; and WHEREAS, ZMA 2013 -00004 proposes to amend the proffers, the application plan, and.,the code of development applicable to the Property in order to allow townhouse units to be established where a parking area is authorized in Block VI shown on the existing application plan, and to eliminate the required minimum square footage of non - residential uses in Block IV shown on the existing application plan; arid WHEREAS, on July 29, 2014, after a duly noticed public hearing, the Planning Commission recommended approval of ZMA 2013 - 00004, provided that technical revisions were made to the proffers and changes were made. to the pending application plan in order to accomplish a more effective open space system and to reduce crowding and congestion unless alternate circulation was provided on the pending application plan; and WHEREAS, on September 10, 2014, the Albemarle County Board of Supervisors held a duly noticed public hearing, after which the Board deferred acting on the application and directed the Planning Commission to determine whether the revised application plan achieved the effective open space and reduced crowding and congestion that it recommended on July 29, 2014; and WHEREAS, on September 16, 2014, the Planning Commission considered the revised application plan and concluded that the revised application plan provided effective open space and satisfactorily reduced crowding and congestion. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon consideration of the executive summaries and staff report prepared for ZMA 2013 -00004 and their attachments, including the proffers and application plan revised after the Planning Commission public hearing, the information presented at the public hearing, the material and relevant factors in Virginia Code § 15.2 -2284, and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board hereby approves ZMA 2013 -00004 with the proffers dated September 18, 2014,.the application plan entitled in relevant part "Zoning Map Amendment for Hollymead Town Center Block C -6 General Development Plan," last revised September 9, 2014, and the amended code of development entitled in relevant part Revised Application Booklet for Code of Development Revised ZMA 201300004," revised September 18, 2014, and the zoning map for Tax Map and Parcel Number 03200 -00 -00 -041 LO is amended accordingly. I, Ella W. Jordan, 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 five to one, as recorded below, at a regular meeting held on October 1, 2014. Clerk, Boaro "of county Supervisors Ave Nav Mr. Boyd _ N Ms. Dittmar Y — Ms.. Mallek Y Ms. McKee[ Y — Ms. Palmer Y — Mr. Sheffield Y