HomeMy WebLinkAboutCPA200900004 Legacy Document 2009-10-15COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance Approving U.S. 29 and Hydraulic Road
Intersection Official Map
SUBJECTIPROPOSAL/REQUEST:
Public hearing on an Official Map and Ordinance
required as part of a proffer (Albemarle Place, ZMA
2001-07) for land dedications related to intersection
improvements in the northwest quadrant of US 29
and Hydraulic Road.
STAFF CONTACT(S):
David Benish, Jack Kelsey
LEGAL REVIEW: NIA
AGENDA DATE:
October 20, 2009 — Planning Commission
December 2, 2009 — Board of Supervisors
ACTION: x INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY: VWC
BACKGROUND:
Adoption of the attached Official Map and Ordinance (Attachments A and B) is needed to meet a requirement of one
of the proffers approved with the Albemarle Place rezoning (ZMA 2001-007).
Proffer 10 (Attachment C) requires the owner of Albemarle Place to reserve and ultimately dedicate additional lands
needed for Route 29 and Hydraulic Road intersection improvements, including a possible grade separated
interchange. Specifically, the proffer calls for the owner to reserve the right of way area until an Official Map or
transportation improvement plan is adopted by the County that identifies the landlright of way needed for the
interchange project. Upon adoption of the Official Map, the County may then request dedication of the right of way
from the owner. The proffer requires that the County adopt the Official Map by December 31, 2009.
The purpose of an Official Map is to "show the location of any future or proposed public street, alley, walkway,
waterway or public area" by establishing "the centerline and width of any proposed street or waterway, or the metes
and bounds of a public area by either a physical survey or aerial photographic survey." Once an Official Map is
adopted, the County may acquire property needed for the construction of any improvement shown on the Map. A
more detailed explanation of an Official Map has been provided by the County Attorney's Office (Attachment D).
STRATEGIC PLAN:
Relevant Goals:
1. Develop Policies and Infrastructure Improvements to Address the County's Growing Needs.
2. Effectively Manage the County's Growth and Development.
DISCUSSION:
The attached Official Map identifies, by metes and bounds, the area needed along the frontage of the Albemarle Place
development and the existing Seven -Eleven site for a future interchange at US 29 and Hydraulic Road (the northwest
quadrant of the intersection). The other three quadrants of the interchange are located in the City and are not subject
to requirements of this proffer. The interchange would be the most significant and land intensive of the future possible
improvements at this intersection, and is an improvement identified the Metropolitan Planning Organization's (MPO)
UnJAM 2035 regional transportation plan, the MPO adopted "29H250" Study, and the recommended Places29 Master
Plan and associated Route 29 North Transportation Study developed jointly with VDOT.
The proposed Official Map (and Ordinance) is based on a design plan and a maintenance of traffic plan for an
interchange developed by the consultants for Albemarle Place (Attachment E). The interchange plans were reviewed
by City staff, County Office of Facility Development staff, Thomas Jefferson Planning District Commission staff
(TJPDC), and the Virginia Department of Transportation (VDOT). VDOT and County staff have accepted the plans
and the associated right of way area identified on the Official Map survey as a viable basis for the right of way
dedication. VDOT received some comments from the City and the TJPDC that would be addressed at the time of final
design for an interchange.
Please note that the interchange design plan reviewed for developing the Official Map has not been reviewed or
approved for construction and an action on the Official Map does not in any way constitute VDOT approval of the
actual construction, or design, of the interchange. This interchange design plan and official map action only establish
the limits of right of way dedication for possible improvements in the northwest quadrant of the US 29 and Hydraulic
Road intersection.
BUDGET IMPACT:
There is no budget impact from the adoption of the official map and ordinance. However, the dedication of land
resulting from this Official Map will be in lieu of the ultimate expenditure of funds for purchasing this land in conjunction
with future improvements at this intersection.
RECOMMENDATIONS:
Staff recommends that the Commission recommend and the Board of Supervisors adopt the attached Official Map
and Ordinance (Attachments A and B).
ATTACHMENTS
A — Official Map (2 sheets)
B — Ordinance
C — Albemarle Place (ZMA 2001-007) Proffer 10 (portion), Albemarle Place (ZMA 2001-007)
D — Official Map background information
E — Interchange Design Plan
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Draft: 10/02/09
ATTACHMENT B
ORDINANCE NO. 09-A( )
AN ORDINANCE TO APPROVE AN OFFICIAL MAP PURSUANT TO VIRGINIA CODE §
15.2-2233 ET SEQ. FOR A SEGMENT OF U.S. ROUTE 29 ABUTTING COUNTY TAX MAP
AND PARCEL NUMBERS 61W -3-19B, 61W-3-24 AND 61W-3-25, AND A SEGMENT OF
HYDRAULIC ROAD ABUTTING COUNTY TAX MAP AND PARCEL NUMBERS 61 W-3-
23, 61 W-3-24 AND 61 W-3-25
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that,
pursuant to the authority contained in Virginia Code § 15.2-2233 et seq., the attached map
entitled "Plat Showing Future Right of Way for a Single Point Urban Interchange Across TM.P
61 W-3-1913, 23, 24 and 25 and a Temporary 24' Easement for Ingress/Egress Across TMP 61 W-
3 -19A and 19B as Shown Hereon, Rio Magisterial District, Albermarle Co., Virginia, March 2,
2009," prepared by Kirk Hughes & Associates, which depicts the location, centerline, existing
right-of-way width, and future right-of-way width of the legally established segment of U.S.
Route 29 abutting County Tax Map and Parcel Numbers 61 W-3-1913, 61 W-3-24 and 61 W-3-25,
and the legally established segment of Hydraulic Road abutting County Tax Map and Parcel
Numbers 61W-3-23, 61W-3-24 and 61W-3-25, is hereby approved as an official map.
This ordinance shall be effective immediately.
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 to as
recorded below, at a regular meeting held on
Ave Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
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Attachment C
After dedication and until the subject regional transportation improvements are funded for
construction, the Owner shall, at the request of the County, maintain this land until requested
by the County to no longer do so provided the Owner is granted the right to the exclusive use
of the land for landscaped open space, a pocket park, temporary parking, fencing, signage,
utilities or other purposes as may be approved with the final site plan for the first phase of
Albemarle Place. Upon being requested by the County to no longer maintain the land, the
Owner shall cease all use of the land and remove all improvements established by the Owner
that the County requests be removed.
In the event that the adopted design for future public intersection improvements does not
require the utilization of all of the dedicated land, upon the Owner's request, the dedicated
land shall be transferred to the Owner, at no expense to the Owner. If the construction of the
subject transportation improvements on the dedicated land does not commence by October
15, 2025, this proffer shall become null and void.
10. Reservation and Dedication of Additional Land for Route 29 and Hydraulic Road
Intersection Improvements: The Owner shall reserve for future dedication to the County,
subject to the conditions herein below, certain additional land on the Property for the right of
way for a future Hydraulic Road and Route 29 related regional transportation improvements.
The reservation of the additional land is limited to and shall not exceed the area (a) as
initially defined on Exhibit E, "MPO Concept Plan -Hydraulic Road/Route 29 Intersection",
or (b) as subsequently defined by a revised right of way exhibit in accord with a plan
approved by the County that reduces the right of way impact (as now depicted by Exhibit E)
on the Property .
Upon the request of the County, a temporary construction easement not to exceed twenty
(20) feet beyond the reserved area shall be provided for this construction.
Until the land is dedicated, the Owner shall maintain this land and shall retain the right to the
exclusive use of the land for landscaped open space, a pocket park, temporary parking,
fencing, utilities or other purposes as may be approved with the first final site plan submitted
for the initial phase of Albemarle Place.
The conditions on the subject reservation and dedication shall be as follows:
(a) The Owner shall reserve the additional land as shown on Exhibit E until an Official Map
or other transportation improvements plan is adopted or approved by the County that
defines the right of way for the subject regional transportation improvement and the land
to be dedicated to the County. Upon adoption or approval of the Official Map or the
transportation improvements plan, the County may request that the Owner dedicate the
additional land to the County. The Owner shall dedicate the additional land within sixty
(60) days after the County's request. If said Official Map or transportation improvements
plan has not been adopted by the County by December 31, 2009, this proffer becomes
null and void.
ATTACHMENT D
OFFICIAL MAP
The purpose of an Official Map is to show the location of any future or proposed public street, alley,
walkway, waterway and public area.
The Official Map must fix and determine the centerline and width of any proposed street, the course of the
waterway, or the metes and bounds of a public area by either a physical survey or aerial photographic
survey.
After adoption of an Official Map, the County may acquire property needed for the construction of any
improvement shown on the Map.
When an application for a building permit is made for an area shown on the Official Map as a future or
proposed right-of-way, the County has sixty days to either grant or deny the building permit. If the permit
is denied for the sole purpose of acquiring the property, the County has 120 days from the date of the denial
to acquire the property by negotiation or by filing condemnation proceedings. if the County has not acted
within the 120 day period and the applicant has met all other requirements of law, then the building permit
must be issued to the applicant. The County may only require developers in the site plan or subdivision
process to dedicate property for public improvements if the need for the improvement is substantially
necessitated by the development.
The Official Map must be prepared and recommended by the Planning Commission. The Planning
Commission must consult with VDOT regarding any public streets to be included on the Map. The Board
of Supervisors, after receiving the recommendation of the Planning Commission, giving public notice and
holding a properly advertised public hearing, may adopt the Official Map by ordinance upon a majority
vote. Within thirty days after adoption the Official Map must be filed in the office of the clerk of the
circuit court.
The Official Map shall not be of any force or effect for more than five years after adoption unless readopted
by the Board of Supervisors.
The advantages of an Official Map are that it:
(1) protects the location of future public improvements from by -right development that conflicts with
those improvements; and
(2) establishes the exact location of future public improvements so that developers can coordinate
developments plans with those improvements.
An Official Map, however, does not require a developer to donate property necessary for a public
improvement if it conflicts with the developer's by -right development plans.
The disadvantages of an Official Map are that:
(1) the County expends funds necessary for locating future public facilities whose location may need
to be reexamined when viewed in light of subsequent development plans;
(2) developers applying for rezoning of property may avoid the cost of paying for the planning and
coordination of future public facilities; and
(3) it may encourage developers to propose by -right development plans that are in conflict with the
location of future improvements to force the County to purchase the property.
The County, with or without an Official Map, may reasonably require developers proposing to rezone
property to plan, locate, and coordinate future public facilities identified in the Comprehensive Plan.
Developers anticipating substantial economic benefit from a rezoning may proffer to construct all or a
portion of on-site and off-site public facilities related to the proposed development.
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U.S. ROUTE 29 / HYDRAULIC ROAD
SINGLE POINT URBAN INTERCHANGE
TBIR COVM OF ALBEmARLE
THE CITY OF CHARLOTTESVILLE, VIRGrNIA
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