HomeMy WebLinkAboutZMA200800003 Staff Report Zoning Map Amendment 2010-06-16COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZIvMA 08 -03 Albemarle Place
Planning Commission Public Hearing:
June 22 2010
Ownem: Albemarle Place EAAP, LL
C/o Tam Gallagher
Acreage. 64.694 and 0.3404 acres
TMP: Tex Map Parcels) 08110- 03 -00 -01 9AO,
061W0- 03 -00- 01980, 061WO- 03 -00- 02300,
0 1 W0 -0 -00- 02400, 0611+VO -03 -00 -02500
(See Attachments A and 6)
Magisterial District. JaCk Jouett
Proposal: Rezone 64.694 acres from
Neighborhood Model (NMD) zoning district to
Neighbor-hood Model (N D) and rezone 0 3404
acres from Commercial ( -1) to Neighborhood
Model (NIVID) to amend the original proffers and
Code of Development.
DA (Development Area): Ne!q hdorhood 1
Character of Property Primarily vacant and
undeveloped, the property 1s located in the
northwest corner of the route 2g North and
Hydraulic Road intersection.
Factors Favorable-
1 The proposal makes administration of
regulations, such as uses. easier to
follow.
. The rezoning is consistent with the
Land Use Plan.
Staff: Claudette Grant±
Board of Supervisors Public Hearing. To Be
Determined
Applicant_ Albemarle Place EAAP, LLC cdo
Tom Gallagher and represented by Valerie Lang
Rezone frarn: NMD, Neighborhood Model
(84.694 acres) and D -1 Commercial (0.3404
acres) to NMD
By- -right use Residential (3 — 34 unitsiacre)
mixed with commercial, service and industrial
uses and retail sales and service uses
Proffers Yes
Requested # of Dwelling Units: 700 - 800
Comp. Plan Designation: Regional Service
Use of Surrounding Properties: The
surrounding properties provide a variety of uses.
including post office, residential, shopping
centers, and industrial.
Factors unfavorable:
I The proffers need to be technically
accurate.
2_ There are a few outstanding issues
that need to be resolved regarding
Appendix A in the Code of
Development.
RECOMMENDATION: Staff re Comm ends approval of this rezoning provided that the proffers (See
Attachment D) are revised to be technically and legally acceptable prior to the Board of Supervisors
public hearing and that the outstanding issues in the Code of Development are revised.
Staff also recommends approval of three modiri cations of the requirements of Section 4 15. Sign
Regulations in the Albemarle County Zoning Ordinance.
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STAFF PERSON: Claudette Grant
PLANNING COMMIS ON: June 22, 2014
BOARD OF SUPERVISORS; To Be Determined
ZMA 2008- 003 Albemarle Place
PETITION
PROJECT- ZMA 2008 -003, Albemarle Place
PROPOSAL. Rezone 64.694 acres from Neighborhood Model (NMD) zoning district which allows
residential ( - 34 unitslacre) mixed witti commercial, service and industrial uses to Neighbor-hood
Model (NMD) to amend the original proffers; and rezone Q,3404 acres from Commercial (C -1) retail
sakes and service uses to Neighborhood Model (NMD) with the proffers
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY- Regional Service - regional -scale retail.
wholesale, business and/or employment centers, and residential (6.01 -34 unit )acre) in Neighborhood
ENTRANCE CORRIDOR Yes
L0 CAT ION-. In the nort hwest corner Hydraulic Road (Rt. 743) and Seminole Trail (US 29) rn
Neighborhood 1
TAX MAP /PARCEL: 061W0- 03- 00- 019A0. 061 WO-03-00-019130, 061 W0 -03 -00 -02300 061 VVQ- 03 -0p-
02400, 061 UVC -03 -00 -02500
MAGISTERIAL DISTRICT, Jack Jouett
CHARACTER OF THE AREA
While most of the subject site is vacant and undeveloped- it is surrounded by a developed commundy-
The site fronts on Route 29, a major arterial road. There are several commercial establishments located
in the vicinity as well as residential neighborhoods. Two small intermittent strearns flow across the site.
The site is heavily wooded and has some hilly terrain
SPECIFICS OF THE PROPOSAL
The applicant is requesting to make several modifications to the originally approved proffers in order to
make the project more feasible to develop. See the proffer section later in this report for a detailed
analysis.
The applicant also recently purchased the adjacent site located at the northwest carver of the
intersection of Route 29 and Hydratilic Road. The 7 -11 convenience store is currently located on the
site. As described in the proffers, this (7 -11) site will be primarily used for road improvements at the
intersection. The 7 -11 property is currently zoned -1, commercial district and the applicant would like
to rezone the parcel to NMD, neighborhood model, so it will be consistently zoned with the rest of the
Albemarle Place project The applicant requested thrs site be included in the proffers and rezoning
request.
A modification of Appendix A — PermiftedlProhibited Uses by Block Ivcated in the Code of
DeveIopment is also being requested Several changes have occurred to the Zoning Ordinance srnce
the original rezoning was approved Changes to the use table are being requested in order to update
the allo edlprahibited arses in this development. This will be critical as the owners pursue tenants for
the site. Details of this are located i;n the Code of Development analysis section found later in this staff
report.
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The applicant is also requesting a modification of Section 4 15 of the Zoning Ordinance, which refers to
sign regulations in the Albemarle County Zoning Ordinance The applicant feels this will assist them as
they pursue leases for the site
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The current applicant/owner of this site was not the original owner of the subject property_ Upon
purchasing the property. the owner found the approved proffers difficult to execute and is requesting
modifications to the proffers in arder to make the project more feasible and easier to move forward. As
the owner continues to work towards future site plans, leases with clients, and ul#imately ground
breaking of this project, they realize that not only do they need modifications to the proffers. but also
needed are modifications to the sign regulations and to the permitted use table located in the Cade of
D eve Ioprnenl The requested modifications wilt assist the applicant in being able to execute the
rnstaI tat ion of the Albemarle Place project more qui :kiy a n efficiently. Although additional modifications
may be needed in the future. amending the proffers is the most critical item in order for the applicant to
move forward.
PLANNING AND ZONING HISTORY
Several Comprehensive Plan Amendments have been proposed for the subject properties. The first
was the Sperry Corners proposal (CPA 1397 -006)_ In this proposal, the applicant. the Faison
Corporation, sought to have the land use designation changed from Industrial Service to Regional
Service Their proposal was to allow for a large. retail destination slore orr the site Thrs proposal did
no] have a mixed —use component The applicant withdrew the proposal prior to any Planning
Commission action.
In 2002. the Board cf Supervisors approved the Hydraulic Super Block Comprehensive Plan
Amendment 2001 -04 (CPA),
The Board of Supervisors approved ZMA 2001 -007, Albernarle Place, with proffers, amended exhibits,
Code of Development, and application plan on October 22, 2003
COMPREHENSIVE PLAN
The Land Uae Plan shows this area as Regional Service. The purpose and intent of the Regional
Service designation is to provide a large area designated for regional -scale commercial, regional malls.
mixed -use developments. hotellmotel /conference facilities, and a variety of uses providing retail.
business and/or employment services to Albemarle County and the region
The proposed Places 29 Master Plan designates this area as a Destination Center and further
describes this area as commercral mixed use and urban mixed use. These designations allow a range
of retail_ housing. commercial. employment. and office uses that are located along major roadways that
provide pedestrian and bicycle access. The request is m accord with both the existing and proposed
comprehensive plan designations.
full Neighborhood Model Analysis was completed with approved ZMA2001 -07. The physical aspects
of this project are unchanged and remain the same as they were when the project was criginatly
approved Therefore the original Neighborhood Model Analysis still apples to this project. (See
Attachment H)
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Relationship beatween the application and the purpose and intent of the requested coning
dis tri c r
Neighborhood Model Districts are iintended to provide for compact, mixed -use development with an
urban scale, rnassing. density, and an infrastructure configuration that integrates diversified uses within
Close proximity to each other within the development areas identified in the comprehensive plan.
Staff believes the proposal is consistent with the intenr of the NMI) district as the mix of uses vVithin this
development will provide appropriate servEces on a ne i ghl:iorho od, community and regional scale for
Public use within Albemarle Caunty. The proposal meets the intent of the Neighborhood Model District,
Anticipated impact on public facilities and services
Impacts on public facilities and services were reviewed with approved ZMA 2001 -07.. Staff does not
anticipate that the request to modify proffers, the per mittedIprohibited use table in the a rode of
Development or sign regulations will add additional impacts to public facilities and services Specifically,
staff does riot expect this proposal to add any additional new impacts to streets, schools, fire, rescue,
and police that was not already addressed with the original rezoning request {ZMA2001 -07 }. In fact.
staff believes that some of the changes to the proffers wiJI help further mitigate street and traffic
concerns.
Utilities — There have been concerns regarding sewer capacgy in the Meadow Creek Interceptor for this
development. However. an upgrade of the interceptar is currently underway. Wqh the Meadow Greek
Interceptor under construction, capacity to serve this development will be available_
torm ater Managemen — Staff has received a storm water msnagerrment application that is currently
awaiting re- submittal frorn the applicant. The applicant is now purposing underground detention. This
will tae addressed as park of the site plan review_
Transportation — See Attachment G for VDOT comments
Anticipated impact on cultural and historic resources
Staff is nol aware of any changes to the cultural and historic resources of the area or County.
Anticipated impact on nearby and surrounding properties
The anticipated impacts on nearby and surrounding properties have not changed from the originally
approved rezoning request. Traffic continues to tie an impact. However, staff believes that the existing
proffers along vAth the proposed mod ff cations to the proffers will help to ritigate some of the traffic
concerns anticipated.
Public creed and ]us Ofication for the change
This rezoning request will prcvide a mixture of corn merc i al., office, ands residential uses on a regional
scale in Albemarle County. Office and commercial uses will not only provide services, but also
employment opportunities for residents in close proximity to where they live whah can serve to mitigate
transportation impacts.
ARCHITECTURAL REVIEW BOARD COMMENTS
The primary Entrance Corridor issue in the revised proffers is the timing of landscaping The current
draft of the proffers states that landscape improvements shall ire reviewed at final site plan review for
each block. The block -by -block approach continues to be an improvement over the buildiing- by- bullMng
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concept presented earlier, but the applicant is reminded of the following points, which have been
discussed on a number of previous occasions:
1 Landscape plans are required with ARB plan submittals_
2_ Submittal of a preliminary landscape plan with a preliminary stCe development plan is recommended.
P{ior review of the Albemarle Place protect reveated conflicts between landscaping and utilities_ The
applicant is encouraged to work now to ensure that these conflicts no longer exist. Waiting for final site
plan submittal to deal with the landscape issues could result in redesign and prolonged review Lack of
utility -free planting area is likely to limit the applicant's ability to acquire ARB approval.
PROFFERS
See Attachment C for the revised proffers_ Attachment D is a comparison of the original approved
proffers with the revised proffers. The attached comparison table will shpw Which proffers have
changed and may help clarify what the changes in the proffers are. Below is an analysis of the two
proffers that describes whet is different.
An
of Amended Proffers
Requested Amendment
1 This proffer states that the first phases of
development shall include street, utility and
landscape improvements to serve building
improvements within Blocks A. B, C and D.
Also included in this }phase are the design and
construction of the following streets. New Main
Street, South New Main Street, North New
Main Street, Swanson Road, Inglewood Drive,
and Albernade Place Boulevard (also referred
to as 'A" StreeUCedar Hill Road ").
Improvements on these streets are to include
all supporting utility, infrastructure and
landscaping (See Attachment 0 for Exhibits
and D, which show the loot +acs of blocks and
streets)
1. The revised proffer refers to a phasing plan
that is separated into two phases_ (See
Attachment C, for Exhibit A -1) The first phase
includes street and utility improvements that
will serve the planned building improvements
within~ Blocks A. 113, C and D. This phase also
includes the design and construction of
Albemarle Place Boulevard (also known as
Fourth StreeVCedar Hill Road) from Hydraulic
Road to the pDint where Albemarle Pike
Boulevard connects with the new planned
westerns entrance to the Sperry Marine facility,
as shown on Exhibit A -1. Improvements in this
phase of Albemarle Place Boulevard will
include all supporting utility infrastructure on
thits street and shall be completed prior to
issuance of a final certificate of occupancy for
any building within Blocks A. B. C and D This
proffer is more detailed in terms of completion
being subject to plans approved by VDOT. A
restriction stating that no more than 370.000
square feet of commercial space and no more
than 170 dwelling units may be constructed
within this project until the remainder of
Albemarle Place Boulevard is constructed to
the new planned intersection with U.S. Route
9 is also included to address traffic impacts
Phase 2 of this proffer includes street and
utility irnpi- Dvements to serge the planned
building improvements within Blocks E. F and
G This second phase would complete the
design and construction of Albemarle Place
Boulevard from the point where it connects
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with the western entrance to the Sperry Marine
facility north and east through Blocks E, F and
to the new planned intersection with U.,
Route 29. This second phase of Albemarle
Place Boulevard would also include all
supporting utility infrastructure on the street
and be completed prior to issuance of a final
certificate of occupancy for any buildings
within Blocks E. F and G. This would also be
subject to plans approved by VDOOT as
mentioned above regarding phase 1.
Landscape and associated streetscape
improvements to serve the planned building
improvements in each block will be reviewed
at the time of final site plan review for each
block. The streetscape along Route 29 and
Hydraulic load will be consistently designed
and planted.
.
2, Same proffer- !ypographical error correcte�.
6. lama proff er bvg2ra hicai error_
7, The owner will design, band and construe
7, The proffer is the same as originally► stated
travel lane improvements to be dedicated for
With the addition that these improvements wall
public use on its Hydraulic road and Route 29
be considered complete when they are
frardage.
constructed in conformance with the approved
VDOT plans and open to public use. This was
added in O -the applicant.
ant.
11. The owner will engineer, bond and
11. This proffer is now described in two parts
construct traffic signal improvements at the
to fallow the phasing plan per proffer #1 and
following intersections: "4' Street (also known
Exhibit -1. Proffer 11A_ refers to the
as "Albemarle Place Boulevard ") and Route
Albemarle Place Boulevard and Hydraulic
29, and "Cedar Hill Road Extended" and
Road intersection. These improvements will
Hydraulic Road at the Counter and VDOT "s
now be constructed when the County or VIDOT
request.
request the traffic signal installation_ This could
happen prior to the issuance of a certificate of
occupancy far any building in Blocks A, B, C or
D as long as the signal is warranted by the
traffic volumes or is otherwise approved by
VDOT.
Proffer 1'EB_ relates to the Albemare Place
Boulevard and U__ Route 29 intersection.
This proffer is similar to proffer 11A. but
instead refers to the issuance of a certificate of
occupancy for buildings in Blocks E, F or
and also ties the signal installation to warrants_
12. The owner will reserve land, engineer,
12. This proffer is revised to add a bit more
bond and construct on -site improvements for a
specificity and provide more time for the
street connection at the northwest corner of
County to make the request_ At the County's
the subject propefty to Commonwealth Drava,
request, but not sooner than the issuance of a
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This connection will be a two lane facility with
a sidewalk constructed on the south side of
the street. At the County's request, the owner
will engineer. bond and construct [lie off -site
portion of the connection to Commonwealth
Drive on the `omdial Property-, The Counter
will request this off -site convection prior to
October 15. 2013.
building {permit for any building within Block F,
the Owner will reserve right -of -way along the
northern edge of the parking lot in $lack F of
the Property for a future street connection.,
which will be a two lane facility to
Comrnoriwealth Drive through the Comdial
property At the County's request the owner
will engineer, bond and construct the on -site
and off -site portions of the connection to
Cornmonwealth Drive on the 'omdial
Property ". The County will request this off -site
connection prior to October 15, 2020_ _
1+4. Original proffer 8 B. describes the owner
providing off -site improvements in the City at
the Northeast Quadrant of the Hydraulic
RoadlRoute 29 Intersection. There are various
restrictions and deadlines associated with this
proffer. A rough cost estimate of approximately
5500,000 was given for the necessary
improvements referred to in proffer (8) {$ }.
The City felt that certain transpDrtation
improvements in the City, known as the -Rte.
281250 Bypass Interchange Improvement
Project- would better serve the community and
help resolve some traffic concerns related to
the Route 291250 Bypass Interchange Thus
proffer 14 was created to address these
transportatRon concerns. Proffer 14 is a new
proffer, included to be a substitute to proffer
86. The Owners agreed that the importance of
the improvements described in proffer 14 had
a greater value to the AIbemarhe Place protect
than proffer (8) (8) t�ecause these
improvements would help alleviate the back up
of traffic on Route 29_ As described in proffer
14, the Owners agreed to pay $1,000,000 in
cash to the pity for the improvements to tha
Route 291250 Bypass Interchange because of
the greater importance of this improvement
Terre are a variety of terms, conditions and
deadlines associated with proffer 14, If proffer
14 is terminated or has not been compieted
within 30 months after the City receNes the
contribution, the owner will forward $504,040
(the rough cost estimate far improvements
described in proffer (8) (B )} to the County for
transportation improvements in the vicinity of
the U _ Route 2911-lydraulic Road intersection.
If these funds have not been used by the
County within 10 years the unused funds will
be refunded to the Owner
Argemwlf Fix*
Generally, the revised proffers also reflect the new ownership of the ProPerty and the addition of the 7-
11 property,
The revised proffers are more detailed regarding timelines. and execution. The new phasing plans
provides a visual detail that not only descrit�es the two phases, but also adds more specificity to the
development of Albemarle place Boulevard. The two traffic signals at either end of Albemarle Place
Boulevard will need to be warranted prior to installations and a new proffer was added to provide options
regarding road improvements in the City.
Substantively, the proffers appropriately address impacts staff has identified Staff still has outstanding
technical issues in need of resolution before this request goes to the Board of Supervisors, These
outstanding issues are as follows:
. There are several typographical errors in the proffers that need to be corrected.
+ Within the proffers consistent terminology is needed,
+ The proffers reference several deadlines that have passed (for example: proffers 4, 5, J & 10) Have
these proffers been satisfied or are they still outstanding? "Satisfied" needs to be added to all the
Proffers which are no longer active and have been finalized. if Proffer 4 is not satisfied, the date of the
deadline needs to be changed-
* Proffers 1 A. and 1 B. need to be clarified as explained pan pages two, in the first bullet under the
Zoning section in the app iicant's iener to Claudette Grant, dated May 3. 2010. (See Attachment E)
. Although the proposed language in proffer 14, Substituted Transportation Improvements. is not
exactly what the County Attorney had suggested, the intent is similar. The revised proffer describes
modifications that relate to City deadlines, which the City needs to be in agreement with.
• When the agreement described in proffer 14.8 ( ) is reached wrth the City. the County requests from
the Owner_ a fully executed agreement with the City. This will allow the County to monitor compliance
with Proffer 14.
• The proffers need to be updated to reflect any revised exhib9s. Including the code, and their dates.
• For further c I arif i catic n and to avoid confusion, Proffer 8A. last paragraph and 8B first paragraph
should state the 'Ti rst final site plan_° instead of "initial site plan."
• To avoid confusion, consider combining Proffer 14 with Proffer 8B. It is diffictiIt to understand the
connection between the two proffers.
• Provide either a date of dedication or other such trigger paint for the dedication of land in Proffers 9
and 10.
• The fallowing is some suggested language for the proffers_
When various road improvements are deemed to be complete
The Albemarle Place proffers continue the language in 2903 proffers. but after 2003 the
following revised language was developed that clarified when secondary road improvements are
deemed complete:
For the purposes of this Proffer , construction of [identify road] shall be deemed to be
complete when it is ready to be recommended by the Albemarle County Board of
Supervisors for acceptance into the state - maintained systern and the Owner has
obtained from the County Engineer a written determination that [identify road] is safe and
convenient for traffic.
However, Albemarle Place is unique in that same o� the road improvements will be along Route 2 9 and
tyre Route 29 /Hydraulic Road intersection, which is in the primary system, so either the current
language (e-g., the intro paragraph to Proffer 8) can remain or be revised to be more specific:
A -0nd RC* ?
The dedication of right of way
After the Albemarle Place pro Ffers were accepted in 2003 language was developed that
clarified the responsibilities of the parties when dedicating proffered ri g ht s-of -wa y -.
Prior to or in conjunction with the (e, g.. first final subdivision plat fur the Project]. the Owner shall
dedicate as public right -of -way and convey in fee simple to Albemarle County [describe ROW) in the
locations shown on Sheet i of the Applrcation Plan. together with the dedication and conveyance of
all necessary drainage easements and the conveyance of necessary constructions easements for the
improvements. If the right -of -way is not dedicated and cor}veyed as part of a subdivision plat, the
Owner shall pay all costs of surveying and preparing legal documents in a form acceptable to the
County Attomey necessary to dedicate and convey the right -of -way
CODE OF DEVELOPMENT APPENDIX A - PERMITTEDIPROHISITED USES BY BLOCK
See attachment F for the revised Code of Development Appendix A - Permitted /Prohibited Uses by
Block. Staff suggested that the applicant consider updating the use table located in the Code of
Development_ Some of the uses listed in the table were no longer applicable and some new uses are
now allowed due to modifications in the Zoning Ordinance that could work well in a €tevelopment such
as Albernwle Place.
In general, staff supports the requested amendment to Appendix A of the code_ The following minor
outstanding issues creed to be clarified-
# "Farm stand' should be considered as a use allowed in the Code of Development
• Wholesale Distribution is shown as allowed by special use permit. However_ the last bullet on page
three in the letter to Claudette Grant, dated May 3, 2010 describes Wholesale Distribution being
deleted from the permitted uses. (See Attachment E) The intent needs to be cIarifred
MODIFICATION OF SECTION 4.15 OF ZONING ORDINANCE
In accordance with Section 8.2 (1�), the applicant requests three modifications of the requirements of
Section 4.15, Sign Regulations in the Albemarle County Zoning Ordinance. Staff has reviewed and
reocimmends approval of all three (3) modifications. The applicants' submittal addresses all the required
findings of Section 8. 3 (b) (3) necessary for granting a modification_ A full description of the requests
and analysis follows.
Applicable District Sign Regulations' The applicant request that instead of applying the Section
4.15.11 Neighborhood Model Dfslrrcf sign regulati ons, the Section 4,15.13 Highway Commercial
(HO). Planned De veloprrmenr ,Shopping Oenler (PO ,S ) and Planned Development Mixed
ommorcial (PDM ) sign regulations be allowed to apply to Albemarle Puce_ The applicant
notes that because this protect is located on U.S. Route 29, the majnr r;ommercial thoroughfare
in Albernarle, it should have the same sign regulations apply to it that apply to other protects
zoned HC, PDSC or PDVIC and are similar in sole and uses. Staff recommends approval of
this sign modification.
ff granted, this modification will allow the following-
a. Freestanding signs at 32 square feet rather than 24 square feet;
b. Wall signs based on I.5 square feet per 1 linear foot of structure frontage up to 200
square feet rather than 1 square foot per 1 linear foot up to 100 square feet of wall sign
area.
Off -Site Signs: The applicant requests that instead of requiring a special use permit for any off -
site sign per Section 4.15,5 (a) (1), that off -site signs within the NMD be allowed by-right- This
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current ordinance requirement is the cause of repeated special use permits before the Board of
Zoning Appeals. The current ordinance provision did not anticipate the situation with planned
developments in which they are comprised of numerous separate parcels but function as a
cohesive development in terms of signage_ Staff is currently in the process of gathering
information for a sign ordnance amendment and will be recommending an arnendrment so as to
rrot require a special use permit for off -site signs within Planned Developments, If it were riot
allowed, individual special use permits would be required for each case in which a sign includes
text relating to a business that is not located on the property on which the sign is Incated. For
example_ a sign which names the development and lists a hotel within the development but off -
site from the sign will require a special use permrt. These types of signs are important for way -
finding and for making turning decisions Allowing these signs by -right within the NMD will not
increase the number or size of signs allowed. In addition, it will satisfy the purposes of the sign
ordinance without causing saturation and confusion In the field of vision Staff recommends
approval of this sign modification_
3. Wall Sian Hei� ht: The applicant requests an increase in the maximum height of wall signage
from 30 feet (pet Section 4.15.11) to 88 feet, subject to conditions. The applicant notes that the
Code of Development far Albemarle Place permits buildings up to 90 feet in height; therefore, a
sign at a 30 foot height will be aesthetically inappropriate relative to the height of the building. In
addition, the applicant is cvncemed that wall signs on buildings that are located toward the rear
of the project (further back from Route 29 and Hydraulic Road) may not be visible if they are
only 30 feet high_ This sign regulation rs also under review with the current sign ordinance
amendment process. The Design Planner suggests that the increased height can be
acceptable, provided that the placement can the building and the sign illumination are
appropriate. Staff recommends approval of this modification subject to the following condition
Nall signs may be allowed up to 58 feel ir? height; however. any sign over 30 feet shall be
subject to the approval of the Ar;B or the Design Planner_ as to placerrrent and Numinerion_ 1t is
possible that a proposed wall sign over 30 feet may not be allowed to be flluminated at the
proposed helghl or that if may have to be reduced in height to provide a more appropriate
placemenl on floe building.
SUMMARY
Staff has identified the fallowing factors_ which are favorable to this rezoning request,
1. The proposal makes administration of regulations, such as uses. easier to follow
The rezoning is consistent with the Land Use Plan.
Staff has identified the following factors which are unfavorable to this rezoning request:
1 The proffers need to be technically accurate.
There are a few outstanding issues that need to be resolved regarding Appendix A in the
Code of Development.
RECOMMENDATION
Staff recommends approval of this rezoning provided that the outstanding technical issues with the
proffers (Attachment ) noted in the staff report are resolved and that the outstanding issues in the
Corte of Development are clarified prior to the Board of Supervisors' public hearirig
Staff also recommends approval of the modification of Section 4.15 of the Zoning Ordnance regarding
signage.
ATTACHMENTS
ATTACHMENT A — Zoning Map
ATTACHMENT B — Vicinity Map
r u Ammmu Ptom
K PU06: "WrAv OrNno
ATTAC HMENT C — Proffers dated May 3. 2010. including Exhibit A -1
ATTACHMENT D — Proffer Comparison, inclUding all Exhibits
ATTACHMENT E — Letter to Claudette GraTlt. dated may 3. 2010
ATTAC HMENT F — Revpsed Cede of DeveIopment Appendix A — Perm ittedlProhibited Uses by Block,
dated Dctot�er 15. 2003 (revised _, 2010)
ATTACHMENT G -- Electronic mail from Joel DeNunzio_ dated ,June g, 2010
ATTACHMENT H — Planning G 0rnmission staff report. dated September 2, 2003
ATTACHMENT t — Planning Comrniissicn Draft Action Minutes, [fated September 2, 2003
ATTACHMENT J — Action Letter to Frank Cox. dated November 18, 2003
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- �- Attachment H
Original Proffer:
Amendment: X
Albemarle Platt
PROFFER FORM
Date: Msy3.2010
ZMA # 2068 -003 Albemarle Place
Tax Map and Parcel Numbers: 061 WO-03-00-01 9A0. 06 1 WM3-00-01 9BO, 06 1 WO-0-341 &
02300. and 061 WO- 03-00 -02460
64.694 Acres zoned Neigh horhoud M edel District (NM D)
Albemarle Place EARN. LLC. a Delaware Iimhod Liability company. is the fee simple 0"Wr {the
"Owner'*) 0 f Wx map parcels 061 WO -03 -00 -019 0.061 WO- t)3- 00- {119B0, 061 WO- 03.00- 02300.
and 061 WO -0 -00 -02400 (collectively. the "Property"). whkh is the subject of zoning map
amendment application number ZMA 2008 -C1 3 kna w r as "Albemarle Place A.mendment.-
Pursuant to Section s 3.3 ofthe Albemarle Count -v Zoning Ordinance, the Owner hereby
voluntarily pro#7crs the conditions listed in this proffer statement. which shall be applied to the
Propert% ii'the rezoning is approved by Albemarle Couni %-. rhese conditions are proffered as
part of'the rezoning and it is acknowledged dial the conditions are remonabIae
The Albemarle Place project was originally approved bV the County Board of Supervisors on
October 22. 2003 as MA ?001 -007. along with proffers from the prior owner dated October 22,
2003. and a Code of Development prepared by The CoN Company dated October 15. 2003 ( the
..Code of Development "). Tht� Code of DevelolrmM inUiuded an application plan (the
'.Application Plan "i. The improvcments proposed for the• Property are collectively referred to as
the "Pi-oject."
The term "Owner " as rcfcrcriced herein sIlall i in: lude within its meaning the nvxrner of record and
successors in interest. The term "Application Plan ". refers to Exhibit A. The terra "Code of
Development"' refers to Exhibit 13, The term "ZMA Phasing Plan" refers to Exhibit C:_ The term
.,Regulating JUvk Plan"" refers io Exhibit D. The term **MPO Concept Plan - Hydraulic
Road.'Rnute 29" refers to Exhibit E. The Term "Short Term Route 29 TranSp'ortativn
Improvemerns refers to Exhibit F. The term -'Right of Way Resert•ali0n
C Area" refers to Exhibit
.
The headings of the proffers and conditions ser forth below have been prepared for convenience
or roference only and shall not control or affect the m can Inu sir he taken as an inierpretadon of
ary provisions of the proffers.
Phasing of Albemarle Place Improvements: The Owner shall phase development of the
Project as follows:
A. Phase 1: Phase 1 of`the Project shall include street and utility improvements to serve the
planned building, improvements contained within Blocks A. 13, C and D as shown cn the
Application Plan. and as shown in mcirre detail on 1:xhibit -1 attached hcretq% As part of
Attachment C
Original Prorfer,
Amendment:
this first phase, the Ovmer shal I design and construct Albemarle Place Boulevard (also
known as Fourth trcet/Cedar Eli II Road) ("A]henmarle Place Boulevard-) from Hvcirauiic
Road to the puim where Albemarle Place Boulevard connects with the new plwmed western
entrance to the Sperry Marine facility in the location shown on the Application Plan, and as
shown in more detail on Exhibit A -I. This fast phase of Albemarle Place Boulevard shall
include all supp aning utility infrastructure on such street, and shall he completed prior to
ua
issnce of Ona.l certificate of occupancy for any buildings within Blocks A, B, C and D,
Construction of the first phase cif A]bernarle Place Boulevard shall be deemed complete
when it is constructed in conformance with the plans appri�+vcd by the Virginia Department of
Transportation ('-VI)OT") and ready for acceptance into the state - maintained system.
provided hnw ver. that if final paving is not yet in place. that signage and temporary striping
shall be in place. No more than three hundred seventy thousand (370,000) square feet of
commercial space and one hundred seventy (170) dwelling units may be constructed within
the Project until the remainder of Albemarle Place Boulevard is constructed to the new
planned intersection with U.S. Route 29 as shown on the Application Plan. Notwithstanding
anAWng to the contrary contained in this paragraph IA. the Ov mer shall be permitted to
utilize porxions of the Phase 2 land (as shown can Exhibit 1 -A) for the installation of
infrastructure to serve the Phase 1 building impmvements to be constructed in Blocks A. B,
and D.
B. Phaase 2.- Phase 2 of the Project shat I include street and utility improvements to serve the
planned building improvements contained within Blocks E, F and G as shown on the
application Plan and as shown in more detail on E xhibit - l. As part of this second phase.
the Owner shall design and construct AIbemnarle PI =e Boulevard ITom the point where it
connvc t with the western entrance to the Sperry Marine facility north and east throusb
Blocks E, F and G to they new plarmed intersection with U. S, Route 9 as shown on the
Application Plan and as shown in rnore detailed on Exhibit A-I . 'Phis second phase of
Albemarle Place Boulevard shall include all suppcirting wility infrastructure on such street
and shall be completed prior to issuance of a final certificate of occupancy for any buildings
ithin Blocks E. F and G. Construction of the second phase of'Albernarle Place Boulevard
shalI be deemed complete when it is constructed in conformance with the plans approved by
DDT and ready for acceptance into the state- maintained system. provided however. that if
final paving is not yet in place. that signage and temporary striping shall be in place.
Notwithstanding, anything to the contrary contained in this paragraph l B. the Owner shall be
permitted to utilize portions ofthe Phase 2 land (as shown on L'-xhihit 1 -A) for the insuaIation
of infrastructure to serve the Phase 1 building. improvement; to be constructed in Blocks A.
B. C and D.
C. Landscape improvements and associaxed strectscape improvements to serve the planned
building improvements contained within each block shall be reviewed at mho time of anal sire
plan review for each bleach. The Project shall have a consistently designed and planted
streenscape aiot,g route 29 and Hydraulic Road_ -
ommunit'V Development Aulhority Participation- Upon request by the County. the
Owner shall petition, for and c()nsent to all tax map parcels used for note- residential purposes
participating in a Communit -, Development Authority (" CDA "1 established pursuant to
Original Proffer:
Amendment,
Section 15.E -4142, et seq. of the Cade of Virginia ( "Code') to be created for the purpose of
implementing Rout 29 regional transporimion improwments. including but not limited to
transportation improvements within the Super Block" (the geographical area hounded by
Route 2 , Hydraulic Road. Commonwealth Drive. and Greenbrier Dfivc) and intersectional
improvements associated therewith.
. Cash Proffer for Route 29 Regional Transportatiun. The Omer will make a cash
contribution to the County for the iv1P0- 29G250 Phase 2 lame 29 regional transportation
study in the amounI ofDne Hundred Thousand Dollars (S1 DO. 000,00). The cash contribution
small be made by the Owner within thirty {3 01 days upon request by the counI%,.
If the request is not made "► thin one (1) year from the date of submission of the first final
site plan for the initial phase of development. this proffer shall became nui I and void. if such
cash contribution is not expended for the stated purpose within two (2) years from the date
the funds were contributed to the County. all unexpended funds shall be refunded to the
Owner.
4, Cash Proffer fur Ciih- of Charlott "ville Traffic Calming Improvement-s-, The O,Amer
shall contribute Ten Thousand Dollars ($1(1. 000 -00) tc the Citv of Charlottesville for the
construction by the City of traffic calming improvements on Swanson Road. Cedar Hill Road
and other City streets intersecting Hydraulic Road in the vicinity of Albemarle place. The
cash contribution shall be made b %, the Owner within thirty (3
.41 days upon request by the
City. If the traffic calming improvernems are not implemented by October 15. 2007. all
Unexpended funds shall be refunded to the Owner.
5. Cash Froofer for Charlottesville Transit Service Commercial Corridor ",litnev
Service": Upon the request of the CaQnvy. the Owner �;ha)J contribute Twenty Thousand
Dollars ($20,00{}.00) per anrtuni or an amount equal to iwenty percent (20%) of the annual
operating and maintenance casts. whichever is less, for a period not to exceed fivve vears for
operating an/or maintaining a dedicated "jitney bus" service to retail cajnmercial
developments. including Albrmaric Place. along the Route 29 Corridor. if the CTS "jitney
service" is not place into operation by Januan 1. 2007 or the date of issuance of the first
occupancy permit for a commercial building in Albemarie Place. whichever occurs laSL this
proffer shall become mull and void.
6. Cash Proffer for Capital Improvements; The Owner small contribute One Million Five
Hundmd Thousand DO] lars ($1.500,000.0(}) (hereinafter referred to as the -`total
contribution ") to the County for the purpose of funding capital improvements relaxed [o
Albemarle place. The contribution shall be paid as follows: (a) 'three Hundred and Sevenvy
Five, ($375.000.0(1} shall he contributed to the Counry Withir[ thirty 939( days after the f rs[
final site plan or subdivision plat containing, residential dwelling units is approved for
A]bema,rle Place, (bl an additional Three Hundred and Seventy Five W75.000.0U'1 of the
total contribution shall be contributed to the Count), prier to the issuance of a certificate of
occupancy For the first residential duelling units in Albemarle Place. and (c) the remaining
Seven Hundred Fik Thousand ($750,004.00) of [he total contribution sh;ilI be paid on a pro
rata basis of 'Three Thousand Dollars (53000.00) per residential dwelling unit ai the time
Original Proffer:
Amendment:
certificates. of occupancy are issued for the first two hundred fit't.• (250) dwelling units. NO
additional contribution shall be required for the next two hundred fifty (250) dwe,IIing snits,
If five (5) years from the date of approval of the first Final site plan or subdivision plat for
residential dwelling unites, the total contribution has not been fully paid, the balance of the
total conti- Ibution shall be contributcd to the County within thirty (3O) days upon "nest for
the County. if this fund has not been exhausted by the County for the stated purpose within
Five (5) }rears from the date the last contribution is made. till unexpended funds shall be
refunded to the Owner.
In addition to the foregoing, alter building permits have been issues for the First five hundred
(500) dwelling units within Albemarle Place. the Owner shall pay to the County Three
thousand Dollars ($3.000,00) prier to the issuance of a building permit for each neu-
residential dwelling unit thereafter,
7. Construction of Frontage improvements on Route 29 and Hydraulic Road: At its
expense, the O-Awr shall plats. design. bond and construct travel land improvements to be
dedicated for public use on its Hydraulic load and Route 29 frontage. The design shall be
submitted with the first site plan for the initial phase of Albemarle place. The subject
frontage improvements are depicted by Exhibit 1=, "Short Term Route 29 Transportation
Improvements." The Owner proffers that the County may require these improvements to be
completed as a prerequisite to the isswzce of arty certificates of occupancy. The
construction of the Short Term Route 29 Transportation Improvements shall be deemed
complete when the} are constructed in conformancr with the plans approved by VDOT and
opened to public use,
onstr-uction of Off -Site Improvements: upon request by the County or as provided
herein, the Owner shall plan. design. hnnd and construct off =site transportation irnproverncnts
in the county and the City. as depicted on Exhibit l', "Short Term rotate 9 Transportation
]mprovements if the improvements are required to be constructed. the Owner proffers that
the County may require these improve ments to be completed as a prerequisite to the issuance
of any certificates of occupancy.. Construction shah be deenied complete when the
improvements are accepted by the appropriate public entity or are bonded for entity's
acceptance.
A. Off -site lrnprOvemerwts in the Cuunh- at the orlhwest Quadrant of the Hydraulic
RoadlRoute 29 Intersection. The eitgiryCcrirrg. plats and construction docu merits tot oty-
site 1mprovenients in the C~oun y shall be stab- nitted with lhfe final site plan for the initial
phase of Albemarle Mace. In addition. for property acquisition that is required for the
off -site public right of %vay for Hydraulic > oadlRoutc �9 intersection improvcMents
within the County. the Owner shall -make a cash contribution or provide a letter of credit
in a form approved b{ the County Attorney for such purpose in the arnount as deemed
necessary for the property acquisition by the County .attorney provided that such amount
shalI not exceed cure hundred ii ft -,- perrem (150 %) of the County's appraisal prepared for
acquisition or condemnation purposes.
Original Proffer:
Amcttdnient:
The cash contribution of letter of credit described in this proffer shall be used tf) pad- for
the total cost of'the right of way acquisition, The total co -st of they right of way acquisition
of the off-site property in the County at the northwest quadrant o1' the Hydraulic
RuaWRoute 39 intemection shall include the norrrrai costs associated with acquiring land,
buildings. structures, easements and other authorized interests by condemnation or by
purchase including. but not limited to. land acquisition, engineering. surveying, and
reasonahle attorneys fees. The cash contributimi or the letter of credit shall be provided
by the O -Amer within thirty (30) days upon request by the County. If the property is
acquired by purchase. the contribution for the purchase price shall not exceed one
hundred fifty percent (I501o) of the County's appraisal prepared for condemnation
purposes without the consent of the Owner,
If the cost of the right of ua} accluisitior, exceed< the amount previously contributed.
above. their the Owner shall reimhuM the County{ all such excess costs within thirty {3 01
days upon request by the County, T'he Count• shall refund to the Owner all excess
contributions upon completion of the land acquisition,
If the right of way has not been acquired within eighteen (19) months after appro�,+al of
the initial site plan for the first phase of Albemarle place, which shall include the final
right of way plats and all construction documents necemn, for the acquisition of the
Property for the off-she irnprovcments this Fruffer 8(A) shall become null and void and
all unexpended funs shall be refunded to the Owner. or the remaining balance of the
letter of credit shall be released.
& (JF{if` site Iml? "vements in the 0(3' at the Nt)rtheasi (quadrant of the Hydraulic
Raad /Routs 29 Intersection. The Owrter shall submit the engineering. plats and
cOttsrruction documents (the "plans ") For the improvements in the City of Charlottesville to
the CirV ofChariottesviIIe within sixty (60) days alter the fi rst site plan for the initial phase
of Aibf rmarl€ Race is submitted to the Coumv. The Owner shall diligentiv pursue
approval of the plans in the city. if the City does not approve the plans v4du ti six (b)
main's after the first final Si [e plan lbr the initial phase of Albemarle place is approved by
the County. the Owner small not be required b�� lhis proffer to construct any improvements
for �Xhich approvals have not been obtained' Owner shall not be required by this
proffer to acquire or otherv+zsc pad for right of way' in the City for these improvements.
If the improvements are required to he constructed, the Qvmcr shall coinpletc
construction of the improvemfmt�i far Which right of way is available within twelve (.l2)
months after the issuance of the first certificate of occupancy uithin Albemarle: Plan,
Construction shall be deemed complete when the improvements are accepted by the
appropriate public entity- or are bonded fc,r the crntity's acceptance.
Reservation and Dedication of rand for RegiuuAl Route 29 and Hydraulic Road
Intersection lropro vcroentc: Tine; Ov�,� er shall reserve fear the future d- dication tc, the
County certain land on the Profxrty in the County for transNi- Cation improvements for the
Route 19 and Hydraulic Road intersection in the location described as "Area A" o;, Exhibit
G. "ROW' of Way Rescrvation and Dedication .area ". Upon the requires of the County. the
Original Proffer:
Amendment- X
Owner shall dedicate `Area A" to the County in fee simple for the purpose of construction of
regional transportation improvements, provided that such request for dedication is made by
the County not later than October 15, 2009, or this proffer shall become null and void.
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 0%,mer is granted the right to the exclusive use
of the land for landscaped open space. 0 pocket park. temporary parking. fencing, signagc.
utilities or other purpose as may be approved with the final site plat for the first phase of
Albemarle Place. Upon being requested by the County to no longer maintain the land. the
Owner steal I cease all use of the land and remove all improvernenTs estab]ished by the Owner
that the County requests be removed.
1n the event that the adopted design for future public intersection improvements does not
require the utilization of a] I a the dedicated land. upon the Owners request, the dedicated
land shall be transferred to the Ov rrer at no expense to the Owner. If the construction of the
subject transportation improvements on the dedicated land does not commence by October
15. ?0'_'5. this proffer shat l become 111111 and void.
Ill. Reservation and Dedication of Additional Land for Route 29 and Wdraulir Road
[nterswion Improvements: The Owner shall reserve for future dedication to the County.
subject to the conditions herein below. cumin additional land can the Property for the right of
wav 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 (i) as
initially defined on Exhibit E. "MPO Concept Plant- Hydraulic Raad/Route'9 Intersection,
or (b) as subsequently defined by a revised right of way c bibit in accord sxith a plan
approved by the County that reduces the right of wad' impact {as nmv depicted by Exhibit E)
on the Property.
Upon the request of the county, a tctnporary cortamoion easement not to exceed twenty (20)
feet beyond the reserved area shall be provided for this construction,
Until the land is dedicated, the Oumer shall maintain this land and shall retain the right to the
exclusive use or the land for landscaped open space. a pocket pant. tt!mporar►° parking.
fearing, utilities of other purposed as may be approved with the first final site plan submitied
for the initial phasr of Albemarle Place.
The conditions on the subject reservation and dedication shall be as foliows:
(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 ri ght of may fbr the subject regional mnsportation impmvemcnt and the land
to be dedicated to the County. Upon adoption or approval of the Official Map or the
transportation improvements plant, the County may request that the Owner dedicate the
additional land to [he County. The 0,6 ner shall deidicatc the additional land v6tiun sixty
(60) days after the C'nunty -'a request. If said Official Map or transpoMtion irnprovemen
Is
Original Prnfler.
Ameridnient' X
plan has not been adopted by the County by December 31. 2009, this proffer bt!comes
null and void, -
N In the event that the adopted design for lbture public intersection improvements does not
require the utili xtion of all of the re rued or dedicated land. upon request of the Owner
the residual portion shall be released by the County from the reservation car, if the land
has been dedicated, transferred back to, and for the use of. the Owner.
(c) Upon the request of the Owner, the dedicated land shall be released from such dedication
at no expense to the 0- -kmer, if the construction of the subject "nsportatiaia
improvements on the dediemed land does no( commence by October 15.20-2 . or at such
time the County drten -nines that the land, or any portion thereof. is not neLdaa For such
improvements. whichever occurs first.
{d) The design and construction of the 11ydraulic road and route 29 intersection and related
regional transportation improvements substantially maintain the access, function. and
continuity of smice of the planned intersection of Swanson Reuel (Extended) and
existing Hydraulic road into Albe'xmarlc Place ai The location of the existing Swanson
Road and 1 ivdraulic road intersection- otherwise* this proffer becomes null and void.
11. 5ignaliza #ion Proft'er for Hydranlie Road and Route 29 Intersections: The 0% ner shah
be responsible for traffic sfgnalization improvements a,5 folIows:
A, Owner at its expertse shall engineer. bond. and construct traffic signalizaticn
improvenme,ni at the intersection of Albemarle Place Boulevard and Hydraulic Road. The
traff is si gnal i zation improvements at this intersection shat l be co strucled when the County
or VD OT request inatallation of such. but in anr- event prior to the i &suance of a certificate cif
cccupanq� for any building in $locks A, B, C or D, provided that such signal is warranted by
the traffic volumes o is otherwise approved by V DOT.
13. Owner at its er pen s; shall engineer, bond and construct traffic s i gnal i zati on
improvements at the intersection ofAIbernarle Place Boulevard and U. S. Route 9. The
traffi c s i gnal ization improvements at this intersection shaII be constructed when the County
or VD0'l request installation of suer. but in any even; prior to the issuance of certifcate of
occupancy for any building. in Blocks E. F or O. pro%ided that such signal is warranted by the
traffic volumes or is othcm -ise approved by VDOT, pWN'ieled dial such signal is warranted b%
the traffic volumes or is otherwise approved by V DOT.
12. Commonwealth Drive connection: [upon demand orthe County, but ne, earlier than the
issuance of building pe mil for any btdiding within Block F. the Owner stall re.wRe rigbi-
of-way along the northern edge of the parking lot in Block F of the Propert }' for a future
street. connection to Commonwealth Drive through the " Carndial Property" (TM 61 Val- 3 -18).
The future connection wiII be a two large faciIity.
Upon the request of the County, the 0,mier shall engineer. i-*nd and construct both the (in -
site and the ofd site portions of the connection to Corn monwealth Drive on the "C'orndial
Original Proffer:
Amendment: X
Property" provided that easements and acquisition of right -of %A-ay as amy be necessary for
such construction for the cornneczion through off' site properties Far this rrnprovern ent h- aye
been granted at no cost to the Owner, and the request for such connection through the off site
property is made by the County prior to Oet()ber 15, 2020. Upon the request of the County,
the connection shall he completed by the 0%xrner within twelve (1?) months from the date of
satisfaction of the conditions as set forth above.
13. Other "Super Block" Street Connections: The Owner stroll reserve land and grant
construction and permanent access ewernents or ri ght of way at no expense to the County for
the Purposes Of future construction (y others) of inter - parcel street connections within the
"Super Block" at the fallowing locations, 1 =test Street (tn west to Commonwealth Drive).
second Street (to west to Commonwealth Drive). Third Street (10 west to Commonwealth
Drive), Cedar Hill Road Extended (in Block F north to "Comdial Property "). Fourth Street
(between Blocks F and G north to "Camdial Property "). Swanson Road Exteruled (to north to
"Sperry- Property ") and at two additional iocatiofls into Sperry Property.
The locations for easement ur right of way reservation and dedication are as generally
depicted can Exhibit A and labeled thereon as -Future Extension -" Them easement or right of
Wav locations shall be identified, platted and dedicated at the request of the County in
conjunction with subsequent site plan applications for Albemarle Place,
14, Substituted Transportation ImprovemenN.
A. Notwithstanding the regWrements of paragraph 8f 13) herein (hereinafter referred to as the
"Paragraph 8(B) Improvemen(s "), the Owner may elect, in its sole discretion, and on the
terms and conditions contained herein, to ccntribute cash to the City for certain
transportation improvements in the City known. as the '-Rte_ 2W250 B }pass Interchange
lmprow."ertt Project" identified as VDO'T and 01V project number 0029-104-248 (tire
"Substituted ]rnprvvernents Project ") in lieu ofconstructing the Paragraph 8(B)
Jmprovermcnts.
B. In the even the Owner elects to contribute cash toward the Substituted Improvements
Project in lieu of constructing the Paragraph 8(B) 1rnprovemrmts (the " Owner's
Contribution"). the following terms shail apply:
I. The Owner shall notify the Cottrx O; DiTec;tor of Community Development (the
"Ditector ") in writing of its election within sixty (CCU) du vs after the approVal of the first final
site plan for the iniLW phase of Albemarle Place (the " N'alice.,)-
?. The submission of the Notice to the Director shall suspend the deadline for the Owner
to submit the Plans (as "Plans" is defined in Proffer 8(BD to the City, ifappi1cable.
3. 'The amount of the Owner's Contribution to the Substituted Improvements Project
shall be subject to a written agreement between the Owner and the Cit %: ([Ire "City
Agreement'),
Original prolyer,
Amendment,
4. Within sic (6) months after the Noli�:e is sent to the Director. or %i thin sixty (60) days
after execution of the City Agreement, %vhlchcver is later to occur. the Owner shat I contribute
a portion of the Owner's C'csntribuLion to the Crity in the amount of One [Killion Dollars
($ I.00D.000). less any amounts credited by the City and VDOT to 0% %mer for planning and
design work on the Paragraph 9(B) Improvements (the "Net Conl6bution "). The Net
Crantribution may be in they form of cash or a letter of credit issued by a barb; approved by the
City. or a combination thereof The City Agreement shall set forth the terms of and schedule
for dravw- dovm of the Net Conu ibution.
5. In the event that the Substittited Improvements Project is terminated. or has not
otherwise been completed (as described herein) within thirty -six (36) months after the City
receives the Net Contribution, and upon the Citv's refunding of the N C L Contribution to the
OwwT pursuant to the City Agreement. the Owner shall forward funds equal to Five
1iundmd Thousand Dollars ( 500.000) to the County for funding transportation
improverrlcnts in the %lieinit)' of the U.S, Rokite 2WHWraulic Road inlersectiOn identifted in
the County's Capital improvements Program. In the event such funds have not been
expended by the County for the staled purpose within ten (10) years from the date the funds
were contributed to the County. all unexpended funds shall be refunded to the 0,LNiser,
Construction of the Substituted Improvements Project shall be deemed complete when the
improvements are accepted by the appropriate public entity or are banded for the entity's
acceptance.
6. Iwlotwitltstanding the provisions of paragraph I4(I3)(5) herein. upon the City's receipt
nrthe Net C'ontributiorL the Owner shall be reliCVed of any abiigation to construe! the
Para&raph I3(B) Improvements,
WITNESS the following signature:
ALBEN ARLE PLACE EAAF, LL C,
a Delaware limited liability company
By: Edens Albemarle. LLC.
a South Carolina limited IiabiIit� compwiy, its manager
By
y Jodie W. McLean. President
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May 3, 2U 10
VIA HAND DETIVERY
Claudette Grant
Principal Planner
Albemarle County
Department of Community Development
401 McIntire Toad
Charlottesville, VA 221902
Re: I11A 20 US -003 - Albemarle Place Amendment
Dear Clakidctte:
In connection with TMA 2008 -003, Albelnarle Place Amendm"t (the "Project ") and on
behalf of our client Edens & Avant. I would like to take the opportunity to address the comments
in your comment letter of Apri 12.2010:
Proffers;
• I have included the revised proffers in track changesiblack I ine format for your
co n v ell i ence, so there is now a single set of proffers,
As we discussed by phone Seyera] Weeks agcy regarding proffer 14, Substituted
Transportation Improvements, the language you had provided in your comment letter did
not reflect how this proffer concept has evolved over the past 18 months. The text in the
proffer is current and reflects the discussions wr- have been having with Mark Orahzim.
Wayne C'ilimberg and you about how the parties expmi tltc process to wort€.
Engineering and f aier Resources:
In proffer 12, we have changed the sunset elate from 2013 to 2020. WileritheAlbenjarle
Place project was originally approved in 2003, the 2013 date reflected a I0 -year Sunset
provision. so we have sniffed the date by a correspond irlg dumber of years, such that if
the Project is approved this vicar, it would similarly have a I 0 -year sunset provision.
Regarding the request to tie this sunset to the last certificate ofoccupancy issued. we
were coneemed that would make the obligation essentially perpetual, in that even long
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www.wi III anttmullen com
IF
May 3, 2010
Page 2
VDOT.
WfLLIAM a MULLEN
after the Project huiIds out. changes to inter -or or exterior spaces could require a CO,
such that no one would real I he able to identi fy when the "last" CO had been issued.
Regarding the same comment, the text about -p I ats, and plan approvals and construction
permits- was mereiy a cont inuatcon ofthe same text that 14vas approved as part 0 tl�c:
original proffers in 2003, We had added in a reference to easements and right 0r Way
acquisi[ion as well, For clarity. 1 have revised this text to eliminate tite reference to p] ats,
plans and construction permits. so that it now reacts -- provided that easements. and
acquisilion of 171 ght-o f-way as may be rnxessaty for such construction for the c*nneclion
through off =site properties for this improv -ement have beeit granted at no cost to the
Regarding proffer 11, we have modified it to include [lie requested references to the
signal warrants being suet in both paragraphs A and B. However, we also wanted to
include the text "or as otberwisc approves) by VDOT " in the event that the signal
warrants have not he rnet. but VDOT nevertheless approves the installation of the signal.
We recogni ,,,e that the likelihood of such are event occumrig is rare, but we did not want
the word] ng of the proffers to prccIude the installation of the signal if VDDT approved it
even iFthe signal warrants were not tnct.
0111 ng,
As we discusses! by prone, instead ofproviding a revised application plan showing the
phasing of improvements, we have prov1dc3d an exhibit that graphically shows the
phasing. Exhibit A -i is attached to the revised profTcrs and shows the Phase 1 and Phase
? areas using the approved Application Alan. One Mote o f c lari fic at Ion - we have added
rnew text to paragraphs I A and 18 to clari fy that infrasiructure to support the Phi 1
buiIding improvements can be installed on the Phase 2 land. This text was added when it
became apparent that we may need to install a temporam, stnrmwater management facility
on the Phase ? land to support the Phase 1 buildings until permanent stormwaler
management facilities are constructed as part of phase ?.
• Regarding the request for right -of way dedication shat is referenced in proffers 9 and l U.
the Applicant is working on this dedication and intends to satisfy this proffer as soon as
possible once it can have the necessary subdivision plats prepared.
0010
WILLIAMS M ULLEN
May 3, 20 10
Page 3
Regarding proffer 1 C and the request for an overal l landscape plan, the Applicant
understands the need For consistency in the landscaping plan. At the site plan
development stage. the Applicant will either submit a single overall plan. or. i I' it is only
subrniitirig a site plan for a parlicular black at the tiine, it will include a landscaping plan
for that block that will form the basis of the overall landscaping plan- Tlhis appears to be
consistent with the conamenIs From the A R B staff that '-t lie landscape plan approved with
the first hIock site plan will likely establish the character ofthe planting that wiI I be
required on the remaining blocks."
Archirectural Re New Bmirch
• The Applicants understand that the landscape plan approved with the first block site plan
will l ikely establish the character of the planting required iii the remaining blocks,
ip_n Regulations:
• We appreciate the claril-ication c the sign issues.
Code of Develwmenl Appendix A — PermittedlProhibiled Uses by Black:
We have modified the Permitted Uses Table to provide that a body shop and motor
vehicle sales are now permitted only by Special Use Permit. We have also removed the
category of "Educational, technical and trade schools." That category was Inc IUded with
the original Permitted Use Table that was approved in 2003, but we understand that such
use is now defined as a "private school" which is permitted by right in the Project. We
have also added temporary events as a rise that is permitted by Special Use Permit.
P411111ing,
We have deleted Animal Shelter, SeI.F Storage FacI1iIies, and Who lesale DistributIon
from the permitted uses. A Hospital is now permitted) only by Special Use Permit. We
recognize that a Hospital is not likely to be a use at the Project, but given the rapidly
evolving changes in health care, including the impacts that those changes have on 11 a
health care is delivered in terms efthe Fac11:16es and buildings, we wanted to at least
pennii this use by special use permit in cane a small hospital Pere ever an appropriate fit
ill the future.
0
WILLIAMS MULLEN
May 3. 2010
Page 4
■ `thank you for the infor- mation about the zoning text amendments for wayside stands,
understand this ZTA is being processed now and that the applicable definitions for
various related uses may be modified. We are happy to mlj Li qt our table of uses in tite
corning weeks after the ZTA is appro ved to reflect these changes,
Rivanna Water and Sewer eku( hority {RWSA);
■ We appreciate the update on the statics of the upgrades to the Meadow Creek interceptor,
and expect that the timing For completion of (bat project will coincide well with the
consimclion of the Albemarle Place Project-
Other Issues:
■ As we have discussed by phone, the Applicant is interested in pursuing other
i nod i fical ions to the Code c Development in the near future, as soon as this current
pruner amendment. process is completed.
■ We appreciate the information about the Heed for all property owners to authorize aft.
rezoning arnendi nen ts, and will tzke care to draft deed and covenant language
appropriately to avoid conflict in the future.
+ Regarding setbacks, 1 have discussed this issue with Elaine Echols_ She has advised thal
a suggested setback along Route 29 would be 40 feet between the but Iding and the edge
of pavement. Hv% Fever, such a lame setback would be inconsistent with the approved
ApplIcatian Plan for the Project, which shows the buildings much closer to the road, and
is au important element ofth� Application Plan. We will need to work wills you in the
coming days to resolve this issue_
■ Regarding the request to modify Pvoffer 6, we had not proposed tiny modifications to that
Proffer. We think that this Proffer as originally approved and currently written strikes a
reasonable balance between lying the cash payment obligation to the units being
constructed. bat also includes a lace -year deadline for ail the payments to be made ifthey
have not been already. From a economic viability perspective, lids is a reasonable
approach, because at the time that CCs arc being requested for residential dwellirng units,
the Owners are iikely to have the tinits either pre- leased or pre -sold, such that there is a
reasonable expectation of revenue in the near FnIure that will Iielp fund the cash proffer
paymrmis- But if the S -year period is cliIn131awd as suneswd by your COMInent. this
could require the Owners tcs make the cash payment years before the units are actually
coilstructccl.
WILLIAMS MULLEN
May 3. 2010
Page 5
• Similarly. the request to modify references and triggers for other cash proffers froin the
issuance oFCOs to buiIding perm iis is equally cliallenging for the Owners. This would
require the sign scant cash proffers to be paid far earlier in the process than ►vas
understood by the Owners ww+hen they purchased the Property after review ing the
approved proffers.
We appreciate your review and consideration of these commenis and the related revised proffers
and Table of Permitted Uses. Should you have any questions or comments, please contact mu at
951 -5709. At this time, we would like to coordinate with you on moving toward a Planning
C'onimission puhIie heari ng as soon as possible. [ w i I I contact you in the next few days to
arrange a meeting to go over these remaining issues and to coordinate the public hearing
schedule.
Sincerely,
W. Valerie V4. bong
cc: Tom Gallagher, Edens & Avant
absae+a i Lxx
e
C01)F OF DEV E L0PNIF.NT APPENDIX A — Permittedffrohibiled Uses by Block*
October 15, 2003 (revised , 2010)
*P- Perntrttcd uses by btoek; SP -Uses 1hal trray be appiied for via Special Usc Pamir: Blank - Uses pmhibiied within block.
The syuarc footages Ibr all uses shaded in this table shall count towards the retail portion of the non - residential square footage
max inlurn estabhshed in the CMe of Devela merit in `fable 1: "Llses Table'
[hack Group
1
2
3
Black
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F
G
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R
Semr- detached and attached single- family dwellings such as
duplexes- triplcses. quadraplcxes, townhouses. arriurn bouse5 and
patio houses, and acccsso a rlments-
p
P
P
P
P
Multi le- family d clIin s
p
P
p
N
P
Remal of peryniucd residential uses
P
p
N
1r
P
Homes for develr} menially disabled prrsorj5 (reference 5.1.07 )
P
P
p
p
F
U
_qpgSLIpg houses
P
P
p
P
P
S
TiadriSL Iod in *S (reference 5.1.17 )
P
1'
P
F
p
E
Rome ocrupatim Ciris A {reference 5 -21
P
P
P
P
P
S
Horne UccqRation. Class B reference 5 -2)
SP
SP
SP
SP
SP
Accesses uses and buildin s, inc ludin stars a btuiIdin s
P
p
P
F
P
p
P
Assisted living
P
P
P
P
P
P
P
Rest home, nursing homes, or convalescen L homes
P
P
P
Y
P
P
P
Administrative, business and professiGui office-
p
p
p
P
P
P
P
Antique, gUL jewelry. notion and craft shix s
P
p
p
P
P
p
F
Auctioa (rouses
P
P
P
F
p
P
N
Automobile laundries
P
P
P
P
P
P
0
Automobile, truck repair s excluding bad sb
1?
Autarrrabile service stations (reference 5. 110)
(Barber, beaul • sba
P
P
P
P
P
P
P
R
Body Shop
P
S?
SP
SP
SP
SP
E
Buildin materials sales
P
P
P
F
P
P
S
S
i
'Tier t personal wireless service Facilities (reference. 5. 1,40)
P
P
P
P
P
P
P
El
ricr I Personal wireless service facilities reference 5.1.401
P
P
P
P
F
P
P
E
Tier 111 pctsonal wireless service facilities reference 5.1.40
?
SP
SP
SP
SP
SP
SP
N
Cerneteries
T
Churches
P
P
P
P
F
P
P
I
Clothing, apparcl. and shat shops
F
P
p
P
p
P
F
C'iabs, lad es, civtc, Fraternal, patriotic (reference 5AA )
p
P
P
P
P
P
P
Z
Commercial kennels — indoor only reference 5. 1.11)
p
p
P
p
F
p
Lt
Commercial recreatian e5lablishments including but not limited to
arnusement centers, bowling alloys. pool halls and dance halls
P
P
P
p
p
P
l?
Conuaun4, center
p
P
P
F
P
P
P
E
Contractors' office and equipment stesra c and
p
P
P
P
P
P
P
S
Convenience stores
P
P
P
P
P
P
p
Day care, child care. or, nuggy facility (reference 5.1.05 )
P
p
?
P
P
P
Depart=M store
P
p
p
P
P
P
P
Drive -in theaters
Drive -in windows serving or associated with rrnittcd uses
SP
SP
SP
SP
SP
SP
SP
Drug store, pham=y
p
P
p
P
P
p
P
Eating establishment (not inclu&a g fast rood rrstaum nt )
P
P
p
P
P
P
P
Allachment F
r nmw QP nVVVI .nP1+1 R NT AVPrr`1►[l' ]V A _ II.— hay nl — & - -*
October 15, 2003 (revised , 2010)
`P- Penrnitted uses by block, SP -Uses that may be applied for ; - ia Special Use Permit: Blank - U5uq prohibitcd within hack,
-17te s4tkarc fuutagrs fur gill uses 2ihaded in IIIis tUble Shall count towards the retail portion of the nort- reSidcntial square foulage
max imurn establislied in the Code of Uevclo nbrnt in "fable I_ "Uscs Table"
Block Group - t .
I
z
3
Block
A
13
C
b
'
Electric. gas, oil and conununication facilities, excluding Lower
structu s and including poles, lines, tmnsfonncrs, pipes, meters and
related facilities for distribution of local service and awned and
operated by a public utility. Water distribution and sewerage
collection lines, punipin , staLions and appuncriames .owned and
operated by the Albemarle County Scrvicc Avthority, Except as
otherwise expressly pnwided, central water supplies and central
sewerage syslems in conformance wish Chapter 16 aflie Cade of
Albemarle and all other applicable law.
P
P
I,
Factrpry outlet sales - cloth in and fabric
P
P
P
P
P
P
P
Farmers' market I reference 5.1.36
P
P
P
P
P
P
P
Fast food restaurant
1'
P
P
P
P
1'
P
Feed and seed stores (reference 5.1.22)
F
P
P
P
P
P
P
Financial instuutrans
P
P
P
P
P
P
P
Fire and rescuesquad stations (reference 5.1.09
p
P
P
P
P
P
P
Fire rNaingui sher and security products, sales and service
P
P
P
P
P
P
P
Florist
P
P
P
P
P
P
P
Food and grocery Mures including such specialty shops as bakery,
sandy, milk, di ensa and wine and chore shops
P
P
P
P
P
P
P
Funeral homes
P
P
P
P
P
P
Furniture and home ppphances sales and service)
P
P
P
P
P
P
P
hardware store
P
P
P
P
P
P
P
Health club or spa
P
P
P
P
P
P
P
f3eatin oil sales and distribution ritfc,mnce- 5.1.201
P
P
I'
P
P
P
P
Home and business scrvice such as grounds care, cleaning,
exLemilnators, laridscaping landscaping and other P.Tair and inainienancr
P
P
P
P
P
P
P
Hospitals
SP
SP
SP
SP
SP
SP
SP
Hotels, metals and inns
P
P
P
P
P
P
P
Indoor athletic facilities
P
P
P
P
P
P
P
Indoor theaters
P
P
P
P
P
P
P
Laboratories, rnedical ar harmaceutical
P
P
p
P
P
P
P
Laundries, dry cleaners
P
P
P
P
P
P
P
1,aundrornatt I provided that an attendant shall be on duty at all hours
duriinH 0 oratipO
P
P
P
P
P
P
L'
Libraries, mmsturrts
P
f
P
P
P
P
P
I i ht warehousing
P
P
P
P
P
P
P
LivC�lo-.F; sales
P
M ach ingy and equipment sales, scr4'icv and rental
V
P
P
P
P
P
Medical center
P
P
I'
P
is
P
P
Mobile bomc and trailer sales and service
Modular building sales
SP
SP
SP
SP
Motor vehicle sales, service and rental
SP
l?
SP
Musical insmernent sales
P
P
P
P
P
P
P
lie %v automotive PATIS Saks
P
P
P
P
P
P
P
WmspapEr publishing
P
P
P
P
P
P
P
Newsstands, ma ravines. j2ipe and tobacco sha s
P
P
P
P
P
P
P
Office and business machines sales and scrvine
P
P
P
P
P
P
P
CODE OF D VF.1.OPMENT APPENDIX A — PermitledlProhibited Use's by Blank*
October 15, 2 00 (revised , 2010)
*P- permitted uses by bloc l:; SP -Clses that may be applied for via Special lase Permit. 13Link - L1ses prohibited within block.
'Ilke squats foulages fur all uses sliudcd in (Ilia iablr slaatl cuunt towards the retatl portion of the non - residential square foolage
inaxirmum established in the Cade of Dcvv10 mrnt in Tabic 1, "Uses Table"
Block Group
1
2
3
aleck
A
Cal
C
D
L
F
G
O Beal &oods sans
P
P
P
P
1'
P
P
Outdoor Amphitheaur with no fixed seats and limited operation
(such as two lougaeakm after 10 m. weekends only, etc.)
1}
Outdoor eatin g csWh1i5hrncn[ or cafe
P
P
P
P
P
P
I'
Outdoor storage, display and}or sales serving or associated with a
by- right permitted use, if any portiotw of the use would be visible
from a trQVCIwu
SP
SP
SP
SP
S P
SP
SP
Parks, playgLounds and civic Fpaces
P
P
P
P
P
P
P
Photo ra hie goods sales
P
P
P
P
P
P
P
Private schools
P
P
P
P
P
P
P
Professional offices, includir4 medical. dental and optical
P
P
P
F'
P
P
P
Public and privatr utilities and inrrasuuclure
P
P
P
P
P
P
P
Public uses and buildings. including temporary or mobile facilities
curb as schnnls. offices, parks. playgrowuN and roads funded.
awned n operated by local, stale, or federal ageneirs, public water
and seiner transmission. main or trunk lines, atatrilen[ facilities,
pumping stations and The like. o"cd andlor uparatad by Lhe
Rivana WatcT and Sewer Authority
P
P
I
P
P
1'
E'
Research and devulo mans activities including cnpirimentat lesting
P
P
P
P
P
P
P
Retail nurseries and greenhouses
P
P
P
P
P
P
P
Sales & Scrvicr of goods associated with principal use
P
P
P
P
P
P
P
Sales of major rItcrralipnaI t ai men( and vehicles
P
P
School of s ecial imtru {uoti
P
P
P
P
P
P
P
Seasonal and periodic events such as holiday festivals, community
faits, arlisan and public open markets, and other pedestrian related
e1vnts to be mnducted on adjacent private streets
P
P
P
P
P
P
P
Temporaq Evenis
SP
5P
SP
SP
SP
SP
SP
Septic tank salts and related services
Sporting oods sales
P
P
P
P
P
P
is
Standalone arkin and parking structures reference 4.12, 5.1.41
P
P
P
P
P
P
P
tormwater management facilities shown on an approved final site
Ian or subdivision plat
P
P
P
P
P
P
P
Swim, gotf, tennis or athletic facility
P
P
P
P
P
P
P
Tailor, seamstress
P
P
P
P
P
P
P
Te mporary constroc don uses rcferrnce5,1, IS)
P
P
P
P
P
P
P
Tumporary sionmsidential mobile homes refem(,e 5.8 )
P
P
P
P
P
P
P
Vvirr' Office and Hospital
P
P
P
P
P
P
P
W" and audio _appliances sales
P
P
P
P
P
P
P
Wlrehouse facilities not permined render section 24-2.1 (reference
9,U)
Wayside stands - vegetables and agncaltural produce (reference
5,1.19)
P
P
P
P
P
P
P
Wholesale Distribution
4 ;P
SP
SP
SP
SP
SP
SP
Claudette Grant
From'. DeNunzio, Joel D_, P. E, JJoel.QeNunzio[ VD OT. virginO. gov]
Sent: Wednesday, June 04. 2410 3.20 P
To: Otaudette Grant
Subject, RE: Albemarle Place Amendment - ZM A 2046 -003
Claudette,
I have reviewed the proffer changes and have the following comments:
• Section 1A indr -aces that the road may be ready for acceptance even if the fi nal paving is not Complete VDOT
will not inspect the road for acceptance until final paving is complete
Section 6 has the number 939 days and l think it may be an error
Section 7, the first sentence should probaoly read "travel lane- instead of "travel Land"
Section 9. first paragrapli4he date has expired Has the county already made the ROW dedication request?
Also, the third paragraph states that the reserved ROW has to be under cori stf u ction by 10-15-202 5 The
interchange plan at this. Iocabon is not planned prior to that date There should be no sunset on the reserved
ROW
Section 10 has the same date issu as section 9
I realize that some of these comment's are not directed only toward the proposed chances to the proffers but some of
these dates may cause issues in the future with needed transportation improvelments_ In general, it looks like the majority
of the chances reflect the changes to tine prlasing of the project and the proffer-5 with the City of Charlottesville and I have
no corrirnents on those
Thanks
Joel
Joel DeNurtior P.E.
Starr Engineer
434 -293 -0011 Ext. X2-0
1 osl _ dentrrrziv t& vd ❑t. v iry&n a. ajow
Attachment (
STAFF PERSON:
PLANNING COMMISSION DATE:
BOARD OF SUPERVISORS DATE:
NTA 01 -07 Albemarle Placc
APPLIC-AT10
Applicant's Pro osak
MICHAEL BA NES
SEPTEMBER 2.2003
OCTOBER 8, 2003
AIbemarle Place is a large- scale. multi - floor retail, office and residential development at the
corner of Hydraulic Road amd Route 29 (See first and upper Floor Application Plans -
ttachment A & B). Major features of the proposal include a 120-160 room hotel, restaurants, a
multi -Sc rcen cinema, a two-story department store, smaller retail stores, several Iarge single- story
retail users which include a grocery stare), on- street and structured parking, public open spaces.
and 700 -800 residential units provided as either apartments over retail uses or as townhouses.
The appIi cant has also provided a Code of Development. The Code is a set of customized
regulations that govern specific desire and land use cleinents ofthe proposaI (attached as a
separate document), The Code contains the following important features.
• A general purpose and intent statement,
• Regulations governing land use,
• Regulations controlling the project's built form 0. Q%. the architccttire, landscaping and l,srciscape):
• Street design specifications:
• The Application Plan (the Applications Plan is divided into a two exhibits- a "street - level" plan
and an "upper levels" plan:
A Block Exhibit plan (as proposed the seven blacks (Blocks A - G) are clustered into 3 Block
Graupa);
+ A Phasing Plan:
■ A Conceptual Grading Plan; and,
■ Parking Standards.
The applicant has also requested a series of waivers and modifications to the Albemarle County
Zoning Ordinance (Sections 18) under Section 18.8.2 (the general regulations for planned
development districts) and to the Subdivision Ordinance under Section 14 -237. The waiver and
modifications rearrests are analyzed within this report. For the Commission's action and
modification, if necessary, a summary of the waivers/ modifications is attrached as an action list
(Attachment Q.
Finally. the applicant has provided a written set of proffers with exhibits A to F (Attachment D),
Petition for Rezoning:
The applicant requests to rezone 64.7 acres from O -1 (Commercial) and Ll (Light Industry) to
NMD (Neighborhood Model District) to allow a mixed -use development_ The properties,
described as Tax Map 61 -3 Parcels 19A, 198, 2 3. and 24, are located in the Jack Jouett
Magisterial District at the corner of Hydraulic /load (route 743) and Moore 29 North. The
omprehensive Plan designates this property as Regional Servicc in Neighborhood 1. �
Albemarle Place — Public Hearing Sraffkepart for Z A 01.07 Altachment H
W
Itaracter of the Area:
The site is located in northwest corner of the Route ?9 north and HvdmuI is Road intersection.
The applicant's proposal includes redeveloping the Blockbuster shopping center on this corner.
However, it does not include 7 -11 store immediately on the comer. Thu other three corners of
this intersection are in the pity of CharlottesviI le.
Starling on the eastern edge and mc v iTig cIockwisc around the project area. the following
physical features can be found: The U.S. Post Oflicc and the Seminole Square and -tsars
Shopping Centers and are located across Route 29 in the city. The Meadow Creek drainage
system runs behind the shopping centers. To the south, several commercial establishments front
along Hydraulic load, Behind these businesses, there is the Arleado ws Neighborhood. Both the
commercial establishments and the neighborhood are a part of the City. The City! County Line
turns away front' Hydraulic at Inglewood Drive. Between Inglewood and Commonwealth Drive,
the Inglewood Square Condominiums, Barterbroolk Apartruents and the Sprint Office building
can be found along Hydraulic Road. To the west, the Village Green Shopping Center and a
series of townhouse are situated between Commonwealth Drive and the western boundary of the
site. On the west side of Commonwealth, the Turtle Creek and 14unter's Creek Apanment
Complexes are located. To the north. the project site is bounded by the Conadial Facility, Them
are businesses fronting an Greenbrier Drive north ofCorndia1. in sum mar , the built
environment surrounding the project area is a diverse mixture of residential types, industrial
uses, and commercial ventures with loth a local and regional appeal, (VIciniIy Map -
Attaehment E)
From an natural environmental perspective. the surroundirig area retains few of its natural
features. As alluded to above, the site is srirrounded by development. The two small,
intermittent streams 11Dwing across the site from the ►vest towards Meadow- Creek are one ofthe
few environmental features left_ The project site %viII also impact two of the few remaining urge,
wooded tracts in Nreighborhood 1.
Planning and Zoning Hlatory:
Several Comprehensive Plan Amendments have been proposed for these properties. The first
was the Sperry Corners proposal (CPA 1997 - 006). In this proposal, the applicant, the Faison
Corporation, sought to have the land use designation changed from Industrial Service to
Regional Service. Their proposal was to al low for a large, retail destination stare on the site.
This proposal did not have a mixed -use component. The applicant withdrew the proposal prior
to any Planning Commission action_
Last year, the Hoard of Supervisors approved the Hydraulic Super Block Comprehensive Plan
Amendment 2001,04 (CPA) which was proposed by the current applicant. The CPA language is
provided (Attachment F) and serves as the basis of review for this rezoning request.
There is no relevant rezoning history for these properties. The parcels in �Md around the Sperry
Marine Facility have been re-subdivided several times in anticipation of possible development,
gy -6g.ht Use of the Rropertin:
Tax Map Parcel 61WI -3 -1 A and 19B are 621.2244 acres of Li (Light Industri a)) zoned land.
With Ll zoning, the applicant can build either 1ndustrial related uses or offices. Tax Map Parcel
wo 61 Wl -3-23 and 24 are 2.461 acres ofC+ -I (Commercial) zoned land. With C -1 zoning. t he
Albemarle Phire - Public Hearing 3ra `Reparf far ZMA 01 -OJT
applicant can build a wide variety aFcommereiat uses or offices. Residential uses are not by-
right on any of these parcels,
Applicant's Justification for the Request
The applicant intention is to provide a hiSb qualify, up- scale, mixed -use development that
provides an cxcel lent example of how. the County's recently adopted Neighborhood Model can
be implemented ire a commereial setting. The appliicanl believes that their project. and proi%rs
adequately off -set environmental, truffic, and other impacts relawd to the proposal.
Recommendation,
Staff believes that the applicant has me! the land use and site design goals and requirements set
ford, in the Hydraulic Super Block CPA and has mitigated lraffic impacts from the development
to the extent possible. However. there are the following technical issues that have not been
resolved and need to be resoIved prior to any action to approve:
1, The proffer language should be resolved to the satisfaction of the County staff.
2. The hardscape standards in the Code of Development should be defined to the
satisfaction of the Director of Planning and Community Development.
Once these technical issues are resolved satisfactorily, staff recommends approval of the
rezonirig (Z MA 01 -07) and the requested waivers/ modification in Attachment C oFthis report -
CONFORMITY WITH T I I F CONIPREHF.NSIV£ PLAN-
This section assesses the Alber arle P lac c proposal's ability to meet the goals set forth in the
ompreliensive plan. More specifically, the rezoning request is assessed against the Following
components of the Comprehensive Plan: the Land Use Plan designations, the specific
recomirnendations from the Hydraulic Super Block Corn preh ensive Plan Amendment (CPA 01-
04), the Neighborhood Model, the Community Facilities Plan, the Open Space Plan, and the
Natural resources section.
Conformity with the Ladd Use Plan
The Application Plan and Code of Development propose a combination or apartments acid
tow ob mises with retail, office, movie theater, hotel, and restaurants. This distribution oFuses is
consistent with the land uses set out in the Hydraulic Super Block CPA and the Laird Use Plan's
designation Regional Servicc Ocsignation For this area.
Conformity with the Hydraulic Super Block Comprohensive Plan Amendment
7`lie Hydraulic Super Block Comprehensive Plan Amendment (CPA) sets forth the development
goals for approximately 137 acres defined as the land enclosed by route 29, Hydraulic road,
Commanwealth Drive, and Greenbrier Drive, (See Vicinity Map - Attachrnemt E). The CPA
provides transportation, land use, design standard, and environmental protection guidelines. The
degree to which the Albemarle Place proposal meets the gods of the CPA is assessed in other
Parts of this report and will not be repeated in this section. However, the following specific
criteria from the CPA that have no[ been addressed directly elsewhere in this report will be
covered in this section. These criteria are iu italics below:
Albemarle Place - Pabfrr Heanng Sraff Repari for ZWA 01 -0T
B) Land Use
3) Preference will be giveir to re onhi g proposefs Mai provide u rrri lure or uses. along with a
phosurg plan that assures a mature of uses during the develop iew of the project
Table 1 afthe Lode ensures that the applicant will provide a minimum mixture cFretai1, non -
retail uses, and residential use. Additionally, the applicant has proffered that the road and utility'
impro %- ements in southern third of the site will be the first phase of development (Proffer # 1,
Attachment D). This investment in the infrastructure along with the Application Plan and Code
are the applicant's commitment that an urban, mixed -use project will he built.
s� An:s, proposal rvithin the .super hlork s1muld achieve d w highest derssio, possible as long as the
vxwing orplanned road. utilifi., open space, andlor orher public infrastructure supports that
delrsh -v, The desired overall inten iti, is a minimum flour -to -area ratio (FAR) of 0, 75.
The square footage thresholds in Table l of the Code allow for a maximum FAR range 0.71 of
gross Ieaseable area, This falls short of the t! PA's goal of 0,75 FAR. While staff believes that
the developer will ultimately build a product that is close to their proposed maximum of 0.73 ,
staff also recognizes that at some future rezoning opportunity another developer could use this
proposal's grided block pattern to achieve an even higher FAR, especially in Blacks F and G,
E. Environmental Protection
1) Natural waterways should he remined where possible. #f after a car-ef id artrrlysis, it is
impossible to retain or protect these watent- ql -.s. the project should implement rrreasura
to protect rarer quality! and gtrauti4- that will protect dowtrstrewn properties acrd habitar.
The project sh ould overtrew andl or detain siormwamr to prm ide additional stor mwarer
protection. Addilior, al' r, an mitigation of wedand acrd stream impacts should be
provided within the watershed where feasible.
During the CPA review, there was considerable discussion about the proposed impacts to the two
severely degraded streams on the site. The project still proposes eliminating the two severely
degraded streams. Staff recognizes that urban projects like A I hem arle Place are in keeping with
the Ccuntyr's Growth Management and FnFll] policies. In this case, the potential for [his project
to meet many of the Neighborhood Model Principles and other County goals coupled with the
fact that these streams we already heavily impacted and degraded has lead staff, including the
County's Water Resources Manager, to roncIudr that eliminating thew streams is an acceptable
tradeoff.
The U. S, Army Corps of Engineers and the Virginia Department of Environmental Quality
(DE) are currently assessing the potential impacts to these streams and devising a mitigation
strategy. While the mitigation plan's recommended implementation remains uncertain, staff is
wor frig with the Corps and D EQ to arrive at a mitigation strategy that will off set the impacts
within the Meadow Creek watershed.
Staff has concluded that the benefits resulting from the form and character of the proposed
development outweigh the impacts resulting from the elimination of the two streams on the site.
At a June 10, 2003 warksession. it appeared that the Commission agreed with the staff's
assessment.
2) Projects should incorporate the principles of suslainabfe design, such as green roofs,
Antral lighting withipt buildings, and energy effi lencY, to a sign tfrcan1 extent.
Rlhemarle Place — Public Re -aring Staff Report for Z MA 01 -OT 4
y ►
To date, the applicant has not indicated that they are wi111ng to implement the principle of
sustainable design wiihIn the proposal.
3) Projects should retain significa i trees and other tvgeraiioxi_
The project proposes removal of most if not all of the trees and other vegetation. While this area
represents on of the last tern ainirig large wooded areas ire Neighborhood 1, staff has not
identified any spec ificolly sign ificant trees with in the dcvelopsnem,
oaf orrnity with the Neighborftood Model
Below staff assesses the Albemarle Place proposal's abilitty to meet the twelve principles of the
Neighborhood Model.
Pedestrian Orientation
Si dewalks are provided throughout the project and along the exterior ofth",
project. The sidewalks will be wider in the mixed -use areas. Buildings,
street trees, streetlights. and other hardscape features line most ofthe streets
and will add to the pedestrian orientation. Shopping, employment areas,
and open space amenities an weII integrated and within close walking
distance.
Neighborhood Friendly
The }project is bossed on a grid nehvor)k of streets, drive aisles, and alleys_
Streets and Paths
The streets are intended to be as marrow as possible and create a sense of
spatial enclosure through the provision of street trees, build -to lines, and
multi -story buildings.
interconnected Streets
The grid net -work and proffers (# 12 and 13 Attachment D) will provide for
and 'rrgusport2tion
several connections between Hydraulic Road/ route ?9 and
Networks,
Commonwealth Niue and Greenbrier Drive through the adjoining
properties (Exhibit A in the proffers)_
As proposed, the road network will provide the opportunity to create
another paralIeI road to rotate 29 i( the road network is linked through the
Carndial Factory and Fartber northward to Westfield Boulevard and beyond
( Attachment G). Staff wouId have preferred to continue Cedar H i I I load
straight through to the t`omdiai site; however. the applicant has been
unwilling to allow for the direct connection because of the orientation of the
parking rows and stores in Block F_ instead, the applicant has provided for
the future connection to Camdial to be made at a location closer to Route
29. Staff has accepted the applicant's concept with a concession from the
applicant in the form o f a proffer that will allow two in Lei co12wctioa poi rits
to the Comdial Factory. Furthermore, these additional connections provide
and acceptable tradeoff (Exhibit A ire the probers').
Panes and Open Spare
This intensely urban proposal does not provido extensive amounts ofparks
or open space. The Green in Black D, the plazas in Blocks C and F. and
cafbs'arc the principle open areas where residents and other users will
gather. A smaller green space arms as well as a swimming pool, gym, or
equivalent amenhy will be provided for the residents in Block E. Finally,
5250 out of the proffered S2, 000 per unit is targeted towards capitol
improvements within Whitewovd Park or other near by areas, such as the
Albemarle Place - YONe Heanag Siqff Repwt,for ZAIA 0 T -OT
4 }
Meadow Creek drainage {proffer # 6 Attachment D }. This contribution .v III
provide improved access. upgrade exilstiP9 amenities, or go towards the
purchase ofadditional green space, such as w1t1iIn the Meadow Crcck
Drainage, for use by the future residents of Albemarle Place as wall as other
C itiZerts.
Neighhu3100d [:enters The principle intent of the Albemarle Place praposai is to provide a
pedestrian - friendly retail/ residential center which is the fecal point for the
southern portion of Ncighborhood 1 _ Albemarle Place will also serve as a
center for the region because of scale and retail uses. Staff believes that the
proposed design will accomplish these tasks, �
1 0Uildings and Spaces of
Hunnutr Scale
Relegated Narking
The numeric parameters set forth in the C'ode's tables and appendices work-
to create a plat a that has a we] IAeveloped sense of human- scale. The
relationship betwccn the street aitd the buildings is a major focus in bath the
C'ede's narrative and tables, Streets are intended to be as narrow as
possible. Build -ta lines will govern the placement ofbuiWings and will
bring the retai I use close to street. Street trees, streetlights, bunches,
landscaping, etc will be provided to Inerease the project's pedestrian -
orientation. Finally, ibe architecture guidelines are generally focused on
creating a building mass that franies the street whi I maintaining a
pedestrian orientation.
The proposal's ability to r6cSate parking is cne of its strengths.
Approximately four - fifths of the pro eel's parking wi11 be either in
stn,c[ures or on- street. Where lame surface parking kits are proposed (in
Blocks G and F), the Code and the Application Plan requirc that the
applicant provide a mixture of landscaping, fences, and other features along
the exterior or within the parking lots. These fewures will address the
vl.qual imparts from the lots to the Entrance Corridor, to the streets internal
to the project, or to the expansive area of asphalt within the lots themselves.
Finally, the srttaller surface parking areas along H ydrau Iic will either be
below the grade of street or d iqy will be landscaped to mitigate the visual
impacts to the Entrance~ Corridor.
Mixture of Uses Based or square footage estimates, the project is roughly 33% retail, 43%
residential, and 24% office. While at build out these percentage can vary,
the Code of Development guarantees a mixture of uses wilthin each block
group by establishing ranges for each of these three major use categories.
Mixture of Housing The applicant has proposed apartments, townhouses, and studios. The
Types and Affordability NMD regulations require that the applicant provide at Ieast two types of
housing. Thus, the applicant will have to provide a mixture as the project
builds out. The applicant has not addressed whether any "affordable" units
will be provided. The Albemarle County Housing Corr mince recently
rccommcn&d amending the Comprehensive Flan to irnclude a
recommendation that at least 15% of new units be prodded as "affordable "_
Redevelopment This is not a `7edevelopment " siWahota because Nothing exists on a majority
Alberrmark Plam - Public Hear(ng Staff Re ,hr ZAIA 0 I -07 6
onform ity with the Commy MU Facilities Plan
The Community Facilities Plan identifies the follovw+ing projects as necessary to serve the needs
in the northern portion of the Development Area.
* An Urban Gym.
* A library.
Staff' is concerned that the scale and intensity c the Albemarle Place proposal will increase the
need for these services. However, the urban gym retrains a concept that is still under study to
determine the required level of service standards and most desirable location and the most
desirable library location has also not been deterrrrined_ It is staff`s opinion that the items
proposed and/ or proffered by the applicant, including cash proffers, satisfactorily address the
public inipacts and/ or off -sets tine community facility impacts even thought they gave not been
willing to provide land or space towards either of these uses within their developrrmenc.
A&marfe Plare - Pubiie Heatlp7g Sraff Reportfor Z A 01 -07
7
of area under consideration.
Site Planning that
Cn general, staff supports the amount grading proposed in the proposal
Respect -i Terrain
bcrausc the project tric.5 to work- the building pads up the grade to the extent
feasible (See grading plan in the Cade). There are two areas of concern
with the grading plan. The first is in the southwest corner of the site
adjacent to Hydraulic ):toad and the Village "Square Shopping Center. The
applicant is proposing a 29 -foot high retaining wall, While the wall faces
away from the Entrance Corridor acid the top of it will be heavily
landscaped, the wal i's height raises several safety issues that will have to be
dealt with at the site plan stage.
The second area of concern is along the project's western boundary with line
duplex units that lute Commonwealth Drive. For a majority of [lie distance
along the boundary, the wall faces away from the duplexes. This is seen by
staff as an advantage because the duplex uses will be less impacted by
Albemarle Place's noise and building massing i ( the top of the lArall is
appropriately landscaped and screened with a Fence, (The Code requires
the applicant to provide landscaping and soreening along the top c the
wall.) However, staff is concerned that drainage and visibility concerns
could arise along the northern section of the project's western boundary
where the wall faces towards the duplexes and a north em most stream
enters into the Albemarle Place site. Again, many ofthese potential
problems are engineering and s,tormwater management related and will
need more specific engineering to resolve. Staff does not believe that it is
apptopriate to ask the applicant to address these ertgineeHng concerns at
this stage in tine process. Therefore. staff rcconunends that the applicant
mid staff resolve these concerns at the rile plan stage.
Clear Boundaries with
The proposal does not have a. common boundary with the Dural Areas.
the Rural Areas
onform ity with the Commy MU Facilities Plan
The Community Facilities Plan identifies the follovw+ing projects as necessary to serve the needs
in the northern portion of the Development Area.
* An Urban Gym.
* A library.
Staff' is concerned that the scale and intensity c the Albemarle Place proposal will increase the
need for these services. However, the urban gym retrains a concept that is still under study to
determine the required level of service standards and most desirable location and the most
desirable library location has also not been deterrrrined_ It is staff`s opinion that the items
proposed and/ or proffered by the applicant, including cash proffers, satisfactorily address the
public inipacts and/ or off -sets tine community facility impacts even thought they gave not been
willing to provide land or space towards either of these uses within their developrrmenc.
A&marfe Plare - Pubiie Heatlp7g Sraff Reportfor Z A 01 -07
7
Conf o rmily with the Open S pace and Naty raI Resources Plan
Except for the woods. the Open Space Plan identifies no environmental features i0 this area. The
Water Rescurces Manager has designated the two streams x ithin the devc1opment as intermittent
wid these streams ranked relatively low in the recently completed Stream Assessment Surve .
Therefore. the applicant is riot required to maintain a buffer from these streams or protect them.
There are no cnncal slopes on the properly.
AiNALYS15 OF THE REZONlNt: RF QUEST
Relations hip between the apokation and the jo u rpose and intent of the reg uested zonin district
The applicant is requesting a rezoning to the new Neighborhood Model District. The intent
statement in Scetion 20A of the Zonin g Ordinance for NM—D district is as foI low s:
"7he purpose of the Neighborhood Model districi rhereinafrer referred to as the "NUD') is to establish
a plarnired developratew district in which tradihonal neighborhood development. ca established in eh
county's Neighhor&nd diodel, will raccur. 77ie coum)-'s Neighborhood ,tbfodel is °us adopted w; part of elan
cornprehensive plant, and is her'einaaf ear referred tip as the "Neighborhood Model_ " The regi+lurions in
section 204 encourage a development fartri and rharacter that is do -ereni front, conventional suburban
des-elopmeni by providing the following characteristics.
- Pedestrian orientation;
- ilneighborhood friendtl' streets and paths;
_ 1we?rronnect ,stns and iran- yoriativnr networks:
- Parks and qpen space tts amenities;
- Neighborhood centers.-
Buildings and spates of human .scale;
Relegaied parking:
Xxture of uses and use types;
,4lirttere of liainsing apes and a ordahiliry;
- Redevelopment;
-Siyf-planninrg that respec'rs terrain: and
- Clear boupidaries with the rural areas.
The ArMD rs Intended io provide for compacr" rritxed -use de�ye,ltapments ud1h an urban, scale. rrnassinrg,
derxsim and an intfrasrrucrure configurtrtinir that inlegrares ditieersrfred roses 4vitJrlra closepruxirrxrty to each
other 'within the deveioprrient areal idea rifted in rite comprehensive plan,
The pareicular uses permitted within a parlicielar district" as welt as the charuc'rer. form and derisily of the
development- shall be derived friar the c'ompreherrsiuef plan, including Me land use plan for the
applfcahle dot elopment area. the master plan for die applicable de%riopment am a, anti she
Neighborhood Madel. xrsisy shalt be achreved with careful attemion In design. as articulated in file
Neighborhood Model.
77reie regulations are intended to provide an applicairr with niaxrrnum j2exibi iry in creasing and
impirmenti n+g they general deueloprnew plant and rite code of development, "
In general, this proposal is in beeping with the intent statement. The proposal meets all of the
Neighborhood Model Principles. It is a compact, .`mixed -use" proposal on an urban scale
Finally, it meets rnnst of'the Hydraulic Super Stock C'PA's goals.
C'ONroft 4m waH rmENMD REQUIREMENT POR A CODE OF DEVELOPMENT
The applicant has provided an extensive Code of Development (Code). Through several edits.
staff has worked with the applicant to refine the Code so that the docutnent functions as
Albonear'le Place- - Pablir Hearing Slaff kcpnrr for ZAM 0 l -07 8
intended, w i I I effectively govern the build -out of the project, and will ensure that the concept that
has been proposed will be implemented eventually (Sec the Code).
Within the Code, one area continue to be problcmatic. This problem relates to the hardsrape
amenities (1,e.. street lights, beaches, etc.). The applicant has proposed including these
amenities, but the staff would like the applicant to commie to a more specific standards that
would govern the hardscape amenity's location and numbers. Staff believes that the applicant
and staffwiII be able to resolve these issues within the next week or so,
Antic iaated irnpact on pubiic facilities and services
Mobility and access are major considerations with the Albemarle Place development, as it is with
the other major developments proposed along the Route 29 corridor, To study the issue, the
app] i=t completed a traffic study in January, 2 002 . The study ran multiple scenarios for traffic
at numerous intersections around the proposed site. Five key scenarios were nut in the study's
model'
A. Existingconditionsin2001;
S. Conditions in 2006 without the proposed deveIopment and no additional road
improvements;
C. Conditions in 2006 with a by- right office park and no additional road improvements;
D, Conditions in 2006 with the proposed development and the road improvements that the
applicant is wiffing to provide (Figure 11, Attachment H); and.
E. Conditions in 2006 witty the proposed development and the road improvements that the
applicant is willing to provide and along with additional improvements that would be
provided by. the public sector (Figure 12, Attachment 1),
The study's key findings were as follows"
1. The Hydraulic/ Route 29 and the Hydraulic/ Route 250 Bypass intersections current]
experiences unsatisfactory levels of service ( LOS E and D, respectively).
2. W ithout anv development on the site, the average delay in Hydraulic/ Route 250 Bypass
intersection increases from LOS E to LOS F ( "Failure') and delay in the Hydraulic/ route 29
intersection increases LOS E in 2006
3. With the improvernents recommended by the study and proffered. h, t�ppiicant (Proffers #
7 and 8, Attachment D), the average delay in Hydraulic{ Route 250 Bypass intersection is
slightly lessened, but still a LOS F, as compared to what it would be if nothing is done and
the site remains undeveloped in 2006.
4, The ultimate traffic so] uLion for the Hydraulic? Roule 29 intersection needs tv be a
coordinated regional soIq[ion that will most hkely involve City, County. VDOT. and private
The conTive usffc study and its Supporting dL3Curmmalian arc on display at the County's Department of
Planning and Community Det+cloprnent.
' For each seenari4. the traffic model products estimated average delay times for the individual turning movemems
and for the overall iutersectintss_ These avmgc delay tirmcs arc trans into ranges, and then each range is given
a Level of Service (LOS) grade of A through F (see Anyarhment E for ranges). Most afthe study's key findings are
focused on the overall intcrscction LOS, however, tit certain instances, the LOS grade for an individual turning
mov memt within an intersection may be important.
Albemarle Place — Public Hearing Staff ftorr for ZUA 01 -07 9
qec for cont'butions to implement improvements in several key intersections in both the
County and in the City.
The applicant has proffered to provide the at -grade improvements proposed in their traf'tic study
(proffer # 7 and S, Attachment D). These proffered improvements are the same as the
improvements outlined in the attached memo frorin the Engineering Department (Attachment ).
Whiie both VDOT and the county staff agree that these proffered improvements are necessary.
we believe that they are merely interim i mprovements. that huy a few more years until a more
comprehens 1 v e solution can he implemented,
The ?9H250 Task force was created shortly after the hydraulic Super Bloch CPA was adopted.
It is a Metropolitan Planning Organization (MPO) led task force with Courtly, City, and VDOT
participants. Its purpose it to build regional consensus on regional transportation solution in this
area. In May 2003, it completed the first phase of its design efforts and proposed a conceptual
design for the Hydraulic! Route ?9 intersection and numerous other improvements in the
vicinit . The hydraulic) Route 219 intersection design called For grade- separat1on that would ran
Hydraulic under Route 29 and use a pair of ro und -a -bouts on Hydraulic at the ramps
( t(achrnenis K and L). CurrentIy, the T ask force is in the early planning stages for a second
phase. The second phase will dulvt into more details amd specifics and arrive at two "buildable„
design options. The Phase [I target completion date is spring 2004.
The Task force's design from Phaw l has significant right -of- -way impacts to the Albemarle Place
site (Attachment M) . The applicant is not convinced that the Task f`orce's design is the hest or
tnost likely desigrn to be ultimately built; however, so as not to preclude the County's options, the
applicant is wiIIirig to reserve right -or -way for the design with several conditions (proffer # 10,
Attachment D - a fuller discussion of the proffer is provided below). The applicant is also
willing to provide money towards the study and an in -kind contribution of engineering' design
assistance that could take the 9H2150 Taskforce's Phase [1 concepts and develop them into a
preliminary design (proffer # 3. Attachment D). FinalIy, the applicant is wit ling to include al10 f
their non - residential parcels in a Community Development Authority (twDA.) and contribute
2,000 per residential unit into the County's capital improvements fund (proffers # ? and 6,
Attactunem D).
Staff believes that the applicant's proffers for solving the traffic problems in the v1cinity
represent the most pragmatic and viable strategy. In the absence of the larger regional
transportation solution, they are providing a pedestrian-friendly project and significant short -
term road improvements, providing the right -of way for the Aimate solution, funding a portion
or the process w i I I create that solution, and participating in the fu #tare funding of the solution_
Other Transportation Issues
The applicant is also proffering to provide seed money towards a Free shuttle that could link
several of the shopping centers within the City and the County. "Phis shuttle, also known as a
j iiney," would increase the frequency of service within this area, increase the likelihood that
shoppers would visiI stores A,ithin multiple shopping centers, and reduce traffic (proffer # 5,
Attachment D).
The applicant is also proffering to reduce the traffic impacts by limiting direct access between
Albemarle Place and the Meadows Neighborhood and by constructing traffic calming structures
in the City+ (proffer # 4, Attachment D), This proffer should address cut - through traffic in the
.4 Jbeniarle f'lircfF — Public Hearing Staff f eporr for Z R 01 -0 7 10
Meadows Neighborhood. a situation that could be exacerbated with the City's new Best Buy
store,
Finally. while the app IIc.ant has proffered to pay for the improvements associated with the
ptaposed stoplight on haute 29 (proffer # 11, Attachment D) V DOT continues to assess the
necessity and impacts of the proposed light, VD is concern ed that the limited spacing
between the proposed light and the existing lights at Greenbrier Drive and Seminole Square will
imerrupt VDOT's recently implemented signal coordination plan, V DOT will probably not
mare a definitive decision on the need for a signal until the site plan. In the absence oP access to
the existing crossover at the Sperry! Seminole Square signal, the Comprehensive Plan
(Attachment F, statement A3) recommended for and tYounty staff continues to support the
app Iicant's proposal for a signal and niedian cut in this location on Route 29.
HrA TER ANl3 SEWER
There is sufficient capacity its the existin g water mains to accommodate this development. W ith
respect to sewer, the Meadow Creek Sewer Interceptor has been identified as having issues
during storm events, The Rig *autoa Water & Sanitation Authority (RWSA) has recognized the
problem areas need to be defined related to sewage overflows during big rainfall events. Earliet
this year, RWSA contracted a consultant engineering firma, O'Brien dt Caere, to study the
problem. The consultant has completed a draft report and is working on the final. At this time, it
is not assumed that issues with the Meadow Creek Interceptor will be affected by the Albemarle
Place proposal.
Water and sewer service is provided on a first come, first served basis. The urban area
w ate rlsewt r system capacities are shared with the City of Charlottes -Ale and the City has equal
access to the excess capacity in the Sys temS
The Engineering Department has reviewed the app icant's proposal and has determiners it to he
feasible from a conceptual standpoint; however, t:onc.em has been raised over the detention
basins adjactertt to Route 24 Staff is cnncerncd [bat these sleep h=ns with vertical wall will
present a long -term maintainence problem and poten0 all y a sarcly problem, The Application
Plan may have to be altered to accommodate a wider has-in or off rile detention upstream of the
site may occur to deal with this issue. However, a higher degree ofengineering will be needed
and this information will have to be provided at site plant,
Stw ooLs
Students ftom this development would attend Career Elementary, Jack Jouett Middle School. and
Albemarle High School: Impacts to the school from the proposed maximum of 8 0 dwelIing
unit will be rninimal because the number of students generated frorn either townhouse or an
apartment development is relatively small_
FISCAL IMPACT
A fiscal impact analysis has been performed for Albeniarlc Place (Attachment N)
Anticipated impact on cultural and historic resources
No impact is expected on cult aral or historic resources.
A11jemarhe Place —Pohhr Hearing Ssaff Reporsfor ZAM 0)-07
Anticipated impact on neat' __ and surrounding propertle �
Aside from the traffic impacts staff believes that the impacts to adjacent properties -%vill he
min -Imal. Along Hydraulic Road. the ,application Flan was changed to reflect concerns raised
during the CPA process. The current plan calls for a mixtare of residential. office, and retail uses
along the road_ The usage ofsurface parking lots has been ininirniaed and their visua] impacts
will be mitigated. Along the project 's western lx)undarv, the project will he 15 to 30 feet WOW
the residential duplexes. The maximum retaining wall heights are appro!cimate]y 12 to 18 feet
tall and the applicant will provide landscaping and fences to scream the non- residential uses front
the duplexes. Along the C<omdial property line, there is little need for more that landscaping to
separate the uses, which may sonx-lay be integrated, Along Routc 29. the applicant has Fronted
bui 1d) ngsalong the stmt and relegated the parking. In areas, where surface parking lots are
adjacent to Route 29. additional landscaping will he provided.
Public need and 'ustifleatian for the than ge
This site represents one of the few lame, consolidated areas of undeveloped land within the
County's Development Area. S taffbeIie es that these types of sites should be developed in a
careful, considerate manner. Albemarle Place meets these criteria and typifies form envisioned
by the Neighborhood Model. While there are numerous Ira fGe -re laled concerns, the proposal
largely represents the type of development characteristics that the County has envisioned in the
Neighborhood Model for large -scale mixed -use de, relopmcrrts. If built as proposed, this project
will establish a standard against which Future propv5als in the Route 29 corridor can he judged.
ANALYSIS OF THE PROFFFK
The proffers are provided as Attachment D, The following is an analysts of those proffers.
Please note that the staffand the applicant have not completed the prnffer negotiations, therefore
the analysis of each proffer does not represent a complete staff assessment. However, staff does
believe that the applicant's proffers address most of the substantive issues and represent a good
faith effort by the applicant to off -set the impacts generated by their development proposal.
Furthermore, st.al"f believes that through further discussiun that satisfactory agreement can be
reached.
1. Phasing of Albemarle Place Improvements.
1111enf. The applicant has proffered to start the infrastructure for the southern third of the
project (Blocks A through D) with first site plan.
Anafxsrs: Staff believes that the Commitment to the basic infrastructure combined with the
restrictions set forth in thy: Applicatkni Plan and the C:odc of Development arc sufficient
enough to ensure that the applicant will Iriitiate the mined -use component first, which is the
rnost important part of this proposal.
2. Community Development Authority Participation:
Intent: The applicant has proffered the participation of the commercial properties in a
C'DA if~the other Hydraulic Super Blocks properties agree to participate in a CDA if and when
they undergo a rezoning.
Anah srs: Staff believes that Albemarle Place's participation in a C'DA is a critical
component in the funding of infrastructure improvements_ ,fit this time, staff' and the
.1[bemarle Flare - Public Hearing Staff Repon for ZMA 0 1 -07 11
applican[ continue to discuss the impacts resui1ing from the contingencies that the applicant
has placed orn their participation in a CDA.
3. Cash Proffer for Route 29 Regional Transportation Study and Orfieial Nlap:
Intent. The applicant has proffered to carntribute 533,000 dollars in cash towards the
Route 29 regional transportation study and 566,000 dollars oFin -kind services towards
planning and engineering for the grade - separation of the Hydraulic/ Route 29 intersection.
Anah -srs: Contributions towards a regional transportation study from the Stale. the local
jurisdictions, and the private sector are critical if the estimated $ l million study is to be
camp leted within a reasonable time period. The staff believes it would be more appropri ate
to have the total contribution in cash and is in discussions with applicant on how the in -kind
contribution could be handled and whether or not a larger cash contribution would be more
useful,
4. Cash Proffer for City of Charlottesville Traffic Calming improvements:
Intent: The applicant has proffered to off -set cut - through concerns raised by the
Commission and the City in the Meadows Neighborhood. The applicant is proposing to
design and construct traffic calming IMprovernents not to exceed $10,000.
Anal : Staff believes that the impacts to the Meadows Neighborhood will be lessened
through the combination of signal controls at the proposed Cedar Hi11, a median in H ydraulic
Road in front of the project's Swanson Road entrance, and with the S 10,004 in improvements
(equivalent to a couple or speed bumps).
5. Cash Proffer for Charlottesville Transit Service Commercial Corridor "J iIney
Service"-
At=: The applicant has proffered to provide seed money towards the operation cost for
a shuttle service ($20,000 per gear for 5 years) irthe Count y, City, CTS, and/ or other private
entities can Fund the remainder of the costs_
Analysis. CTS has agreed to the concept of a free or fee -based "shoppers trolley ", similar to
the trolley brat operates between U A and the Downta n Mail, could be run between the
various shopping centers along Route 29. This transit service would increase the frequency
of service within this area, increase the likelihood that shoppers would visit stare within
multiple shopping centers. and reduce traffic. It is important to note that, if this trolley is to
become a reality. a significant amount of work will be required by the Counter to establish
this service_
G. Cash Proffer for Capital Improvements:
Intent- The applicant has proffered $2,004 per residential dwelling unit towards capital
improvement projects related to Albemavle Place as the units are applied for.
AnafrWs.. The proffer could raise between $900,000 and 51,6 million (based on a range of
450 to $00 dwelling units). Staff sees the purchase of or improvements to County -owned
green spaces, construction of sidewalks, and} or transportation improvements as the primary
capital improvement projects needed in this arse. Note the residential units in the recently
approved Hollmead Town Center development offered a total contribution and proffered
half of the Funds up Front.
A fbemarfe Plare - Public Hearing Sluff Report for ZMA 01 -07 13
7. Construction and Phasing of Frontage Improvements on Route w9;
Irtrent: The applicant has proffered to provide all of the at -grade road improvements that
were proposed in their traffic study on the property that they control ( Attachment J 1.
Angdvsis€ Staff relieves that these improvements are necessary and should be provided as
pain of this proposal.
S. Construction and Phasing of Off -Site improvements an Route 29:
Intent: The applicant has proffered to provide all of the at -grade road improvements that
were proposed in their traffic study but are not on property that they control, prov °ided
adequate right- of-way is mailable (Attachnient J).
Analysis. The improvements are also a pan of the "interim improvements" required to
prolong the viabiIity of the Hydraulic? Route 29 intersection, Unlike ire the previous proffer,
neither the applicant nor VDOT controls all of the right -of -way required to make these "Off-
site" improvements and the exact extent of the problem cannot be fully understood until final
engineering that will take place at the site plan stage. The areas of concern fdi into three
categories.
A} In front of the Comdial and $perry factories. While not completely clear, there
appears to be sufficient right -of- ay in front of the factories.
B } to front ofthe 7 -11 store at the corner of Hydraulic Road and Route 29. There is
definitely no room in front of this store for the proposed improvements. The
following options are possible, The applicant continue to try to purchase the Property,
the County or [lie State eondentrt the property and the applicant reimburses the public
body, or these particular interim improvements are not installed.
Q Areas within the City. Right- of-way probably needs to be acquired within the City
for the addition a] continuous -turn lane on northbound Route 29 and at the proposed
signal ai the Cedar Hill Road{ Hydraulic Road Intersection. if the City or private
property owners in the City do not provide the necessary right -of -way, then the
applicant will be unable to install either the continuous turn -lane or the proposed
signal.
Staff will assess the degree to which the potential lack of right-of-way a5ects the applicant's
ability to provide the "off- site" improvements at the site plan stage and it may be necessary
to forego same improvements if right -of; ay is not available, The extent to which the "off -
site" are not provided may cause VDOT to restrict Albemarle Place's access to the public
road nemrork.
9. Dedication of Land for Future Regional Haute 291Hydraulic Road Intersection
Improvements.
1 +qqy: The applicant has pro ffered to provide two sections of their property behind the 7-
11 store for right -of- ay for the future grade- sepsntion c the Hydraulic! route 29
intersection, The first section is dedication of land with a 1 D -year sunset clause (See "Area
A" in the diagram). The second section, "Area B ", is dedicated in the next proffer with
conditions.
Albemarle Place — Public Hearing .Sraff Repurr for ZMA 01 -0T 14
Angles; The 29H250 Taskforce's conceptual design
proposed taking both Areas A and B {See Attachment
i'+rl). The applicant is willing to provide a portion of
their site for the future intersection; however, they do
not have a high degree of confidence in the conceptual
design and believe that it will take a smaller aniount of
area. Therefore, they are willing to dedicate "Axea A"
with the retorting and whatever portion of "Are a B" is
required once the conceptual design has been refined
and agreed upon.
Staff is confident that additional right - of - -way will be
North
—�
Albcmarkc
IN PI;IL-r
Hydraulic
10A
%AN%
7 -11 N
Route 29
needed to construct and complete any major improvements at the Hydraul1c/ route 29
intersection, Staff is very concerned with clause in this proffer which requires the County to
have the intersection under construction within 10 years or the proffer is null and void. Staff
believes that "Area A " should be dedicated without conditions. Staff also believes that the
applicant needs to prolride a clearer definition of exact dimensions of the area that they are
willing to dedicate.
10. Reservation and Dedication of Additional Land for Future Route 29/HydrnuIic Road
Intersection Improvements.
lffteltr: As stated above, the applicant has proffered to provide two sections of their
property behind the 7 -11 stare for right -of -way for the future grade - separation of the
Hydraulics Route 29 intersection. However, they are only willing to grant "Area B" or a
portion thereof w 1 t the following conditions'
a, The County will establish the limits of the improvement by adopting an Official Map for
the project into the Comprehensive Plan by l ctob-er 15, 2005 or the proffer area is
released back to the applicant,
b. The applicant will dedicate, in fee simple, the amount of right within "Area B "
defined as necessary on adopted official reap, provided that the right -of -way request is
made by the County prior to January 1, 2007, otherwise this proffer becomes null and
void. In the event that the Official Map design does not require all of "Area B ", then the
residual portion will revert back to She applicant.
c. The land dedicated in condition b above will revert back to the applicant, if the
constriction of the Hydraulic /Route 29 intersection has not commenced by October 15,
?113_
d, The final condition stipulates that any design for the future Hydraulic Road/Route 29 not
impair safe and adequate access at the planned Albemarle Place entrance at Sw muon
Road and Hydraulic road and that the existing vertical and horizontal geometric
characteristics at the existing Swanson RoadfHydraulic Road intersection be maintained
in their present configuration.
Analvsrs. Staff believes that the amount of area proposed to be dedicated in "Area B" is
sufficient. Furthermore, staff is willing to recommend that the County agree to a reasonable
timetable for arriving at a design and adapting an Official Map for the intersection
irnprovernerit sex that the applicant can fully develop the unused portion of their development.
.41hemarle Place - Public blearing .Sraf f Repor: for ZMA 01 -07 15
The staff is not. however. with the way the conditions set forth by the because they are not in
the best interest ofthe County. We continue to discuss these conditions with the applicant_
I], SignaLIzation Proffer for Hydraulic Road and Route 29 1ntersections:
hifew. The applicant has proffered to design and construct the proposed signals at the
intersections of Cedar Fill/ Hydraulic and the 4h Streets' Route 29 (a.k.a. the proposed Post
Office Light).
.final srs: Staff believes that these improvements are the appheant's responsibility to fund.
As stated above, staff is concern ed that the applicant will need to obtain ni gh t -o r-way from
the City or City residents to install both of these intersection. however, this is an issue for the
applicant to resolve. VDOT, as mentioned earlier, is concerned about the proposed 4 "' Sttceu
Route 29 signal; however, it appears that VM T will not make a decision on the proposed
simal until a site plan application is submitted.
12. Cummonvvealth Drive Connection:
lrerrm: The applicant has proffered to fund and build a connection from the northwestern
corner of their property (Block F) to Commonwealth Drive, i f the necessary easements across
the Comdial Property are provided at no cost to the applicant,
Analysis, Staff believes that a connection to Commonwealth Drive is important, but does
not think that the connection Fs viable in the location proposed because the applicant does not
have any easement or right- of-way,
13, Other "Super block" Street Connections:
Intent: Tice applicant has proffered the right for future interconnections betv"reen their
property and surrounding properties. These interconnections will allow direct access to
Commonwealth Drive i f the duplex properties along this street redevelop, to Greenbrier if the
Comdial Factory's proposed rezoning is approved, and to the existing stoplight on route 29
if the Sperry Factory redevelops.
Analysis. Staff holieves that these interconnections are critical elements in the effort to
create an urban grid network of streets that mill more efficiently disperse traffic.
14. Prafrer for Future Dedication of Private Streets:
Intent- The applicant wishes to build the project's streets as private streets because they
cannot build the streets in a IkewUrbanist form and meet the VDOT standards for public
streets. The purpose ofthe proffer is to allow- the County to request that the project's streets
come be incorporated the VDOT system at such as VDOT's standards change to allow
VDOT to accept these streets.
rf era fi_s!_s: taffis not sure that this is even a proffer because the applicant could request that
VDOT accept the roads at anytime. Secondly. the conditions placed on this proffer may be
onerous.
ANALYSIS OF TILE WA1VER REo uEST'S
Welvers to the Zo n i nq Ordirva ncc Cha Ler 18
Under the authority granted in Section 9.2, the Board o ( S upery i sors may waive. Crary or accept
substitution for any requirement of sections 4. 5, or 32 of the Zoning Ordinance if it is found that
Albemarle Place - Public Fearing SIq #'Rtpon far ZMA 01 -07 M
the provisions in these sections are inconsistent with a planned development's design principles.
The applicant has requested the following waivers or mo d i rications to the Zoning Ordinance.
Staff supports all of the following waiver and moth fication requests. The recommended wording
for these waivers and modi fications with conditions are provided in bold, italics below;
4.x3 Loc.4TlovoFSTRtvToR sANIjAIf-wo rntgym
Critical slopes represrml an almost negligible area wi thin Albemarle place. There are only small
pockets, actually slivers, c critical slopes adj acent to the edge of the north and south
drainageways. The CPA appro -,sal recognized that in order to achieve the planned density and
New Urbanism building configurations, these drainageways would be replaced by rna,n -made
drainage improvements. The very litnited areas of critical slopes will he graded and
underground drainage conveyances will be installed to receive storm water. A waiver of Section
4,2.3 to allow the location of structures and improvements in areas of critical slopes and in
general accord with the application Plan is requested with the ZUA.
The requirernenns of Section 4.2.3 area waived, conditional uparr approval of an erosion an,d ,sedimerrn
control permit flras meets she requirenre nts of Section 5.5.5.4(b).
Substantial timbering and tree removal will be required to implement the Application Plan_ With
the exception of limited perimeter areas, there will be little opportunity for significant tree save
areas. On the other hand. the landscape pro grarn for Albemarle Place will rye - vegetate the
property in accord with the standards established in the Code. A waiver of Section 4.3 will
permit clear cutting envisioned in the Application Plan and the conceptual grading plan.
The requirements of Section 4.3 (a&6) are waived, conditional apart approval of an erosion and
sedimerar control permit Thar meerls the requirements afS'ecslon 8. S.i.4(b).
4.6. 1 FRohh"TA LEA ND L OT WIDTH MEA SUREMEIM
4.6._2 L.ohs,_DETER.- rrNATioNoFLoTFRoNT,
4.6, 6 L r rA MESS REQUIRFIVENT F
The g rid system of streets for Albemarle Place will incorporate a systern of private anti
potentially public streets to be designed and developed in accord with generafly accepted New
Urbanism transportation principles and the adopted Neighborhood Model's transportation
objectives. Subject to the ultimate ownership of individual properties within the Property, any
number of i rid i ideal lass may be created that will not front on public streets. These lots may
have varying widths and other geometric configurations that are inconsistent with existing
zoning districts for the particular land use_ A waiver of these sections will permit lots to front on
prig *ate streets.
The requirements of .Sections 4.6.1, 4.6 2, &4.6.6 are wai4•erd under fbet ferllowing condkrorrs:
1) Access will be maintained ro the individual lots through one of she following options:
a) Lott muss froirs a public strref and be served with direct access to a public sfreel. or
b) Letts muss frosts aprkwmre street and be served with dir eet occerss fo a private street, which is
built to rise €randares set fearrh in Ilse .Subdivision Ordinance; provided Ih art any such sfaadar~dv
in rig• be waived or modified as expressly provided in the Subdivision Ordinance. ( !Yore: are
ea,senterrr small he required to aifou, rh a general public the use of the private streets as a right -
of= xKt}.)
A1heniarle Place - heblir Nearing Staff Rf purr for ZMA 01 -07 17
?) Where parking for a lot is nas an -site or,direcr4- adjaerrrr to Ilse lot on a public or private Wreel
(i.e., a parking garage). the owners of the lots where parking is provided in u garage .0411 have
perpetual access to the parkr`ng garage as well a,w a perpetual right in park cark in the garage. 77,r
right± described herein _%h all run with the fuerq? The dead, declaration or other docurrreur
establishing Me fights described herein shall be subject go review and approM Av Ilre Counn.
3) All streets and accessways described above shall be required ea be bonded as part of the site plait or
subdivision plot.
4A3 Lora -, YtRl i.4{x).4r'Eyr.roSTREE7,.-
4.6.5 SIDE 1'4 Rps ay Ln n,--
Yards are generally depicted by the Appiication Plan and the Cod e of Development's bui ld -to-
I i nes will establish the minimum yards, if applicable. A waiver of these sections wiII eliminate
any yard requirements standards. which could conflict with the build -to standards established in
the Code_
The requirements of Section ,s 4.6.3, 4,6.4, & 4.65 are waived and replaced wish the build-in lime
standards esrablhhed lei the Code of Development
4.7 Oi }E_y SP.4 ce_
The Code ofDeveloprnernt establishes the criteria for open space provision and the application
Plan generally depicts the location of open space. A waiver of Swim 4.7 pertaining to open
space requirements and other standards contained therein will eliminate any yard requirements
standards, which could conflict with the build -to standards established in the Code,
The requirements af.Seerion 4.7 are wait -ed and repfaced with Me amenities and impartans features by
block rhat are eseablislsed in the Code of Developm em.
4.11.1 CO VD?FM 1'r7RrHES, 8,4I '(NYl CWlRVE YS, .4 ND LIKE F'EA 77 Il ES:
Section 4.1 1. I does not allwx a building's porch, canopies, awnings, etc to extend closer than 6
feet front a property line. which is coincident with a street. This project will have these types of
features as it tries to improve the pedestrian Mature of the development.
The requirements of Sections 4.11.1 are Nvived under the follewing conditions:
1) The A1recror vf Planting and C.'ommueihy Development niay approve variadarrs fronr the
requirements of Section 4. 11.1 using they criseria sex forrh in Section 8.5.5.3(c), }f Ilse uppllcanr
follows the procedures established in Seedan S.S.S.3 (b).
4.16 ti-(-RE.4 nox REui.tL A rtr^-s:
As with the Open Space provisions, the Code of Development stipulates that the
recreational amenities be provided and the Application Plan defines the general locations for
these recreational amenities.
The requirements of Senior! 4.7 are inudifted and replaced with the ametsr'ries and intporranr fe°arure.%
b}• block rhat are established in the Code of Developmem
j.1,16(,4c -F) So1XIA111y;. Got F, TE'VNI.sCLrws
The standards and criteria contained in Section 5.1.16 were established to modify the
impacts resulting from the establishment of a cIuh in a non - planned development environment.
.41hentarler Places - Public Hearing Ssaff Report for ZW 01.07 18
Since this is an NMD project, the possibility for these impacts is not anticipated and the
regulations may can flirt with standards established in the Code.
Tire requirenren4s of.Seedon S. 1.16(a&e) are waived and replaced svirle the u_ke x and standards
established in the Code of Develapreee nt
11 -21 DR'ELLING5 IN COMMER0,41 _4,W) f,+4'DLt yrm L DlsrR!cn:
Mixed use buildings are planned with the Albemarle Place project. This section of the
ordinance only allows night watchmen to resided in a commercial or industrial district. To zooid
confusion with this section, a waiver is necessary.
The requirements of Section 5. 7.21 are waived.
5.1, 24 StMORDIArATERETAILSALE.S.`
A modification of Section 5.1.24 is necessary to deregulate subordinate retail sales in
eating estab h shm en is. entertainment establishments, mixed use buildings. office buildings, and
residential multifamily bu i Idi ngs.
The rerquirermenrs of Section 5. L are r, -aived and replace d ki4th the uws acrd .s andards establMed in
the Code a f Det a lopm ent.
3".4.1 PREL fwN f A f; C aVrERE CE wITN. _ ,�TAFF.`
It is understood that the Application Plan will constitute the County's requirements for a
preliminary schematic master plan as referenced in Section 32.4,1.
The requ re enes of lkecdon 32.4.1 are waiwd
327,2,8 SmrrmKs
Sidewalks shall be provided in accord with they standards of the Code of Development in
locations as generally depicted on the Application Plan_ A waiver of Section 32.7.2.8 is
requested in order that the Application PI an and Code of Development may serve as the design
guideline for location, number, and size of sidewalks.
The requirements of Section .12.7.2.8 are waiVed an d replaced „drh she u,%es acid standards established
in the Codes of Dem -lopme w.
Waivers to the Subdivision Ordinance, Chapter 14
Linder the authority granted in Section 14 -237, the planning Commission may waive, vary or
accept substitution for any requirement of Sections 14400 borough 14 -526 of the Albemarle
County Subdivision Ordinance. The applicant has requested the following waivers or
modifications because they conflict or may conflict with the regulations proposed in their Code
of Development. Staff supports all of the foIlowing waiver and modification requests.
14-50O E L.#RiricATloN oN S'EraAcK Lrn+�'
Building and street relationships are addressed by the Code of Development. Modifying
the requirements of this section removes any potential conflicts with how distances are measured
in the build -to line standards established in the Code.
The requi reneen r5 of .Section 14 --50 e'1 are waived and replaced wish the build -so ssaeedards a mablish ed
in the Coder of Development.
Albemarle Place Public Hearing Staff Reportfor ZA A 01 -07 19
14 -502 LO-r.S F_'
14 -503 LoTSHAPF.-
Lot 5ixe and shape addressed b y the Code of Development and the Application Plan.
Madi Eying the regtuirements of this sL-ction removie$ any potential conflicts w1 th how distances
are measured in the build -to line standards established ill the Code.
The requirem enis erf,Serliorm 14-502 and 14 -503 are Fra ivied and replaced with flee build-!o .vialldords
established in the Code of Developnserts.
14 -504 LOr LOC.d TIOA- .4.Nl3 FRONTAGL'
14 -505 Au 'Ess FROM LO7'O. -VTO N -'IIL;C STREE T OR lJR1VATEfif AD.'
The grid system of streets for Albemarle Lila €e will incorporate a system of private and
poteri ially public streets to be designed wd developed in accord with gmerall.y accepted New
Urbanism transportation principles and the adopted Neighborhood Model's tromsportsiion
objectives. Subject to the ultimate ownership ofiridividual propunios within thr. Property, any
number of individual lots may be created that will not front on public streets, These lots may
have varying widths and other geometric configurations that are inconsistent with existing
zoning districts for the particuiar land use. A waiver of these sections wit] permit lots 10 front a
private streets.
The requirements of Seacrioirs ,1.A J. 4.6-2, & 4.6.6 are waived under the following araur didanx.
1) Access will be mairrrained to Ilse indipidned latx through fire of the folio wing Options:
a) Lots onusf front u public sneer and be served with direct access to d pubfic srr7eer Sr_
b) Lois prusj from, uprivate sheet acrd be sen-ed wid, direct access to aprikate street. which is
built to the standares set forth to the Subdivisioa Ordinance; provided that any such standards
inaj, he waived yr madiftedus expre5wfyprorided in liter Subdirisron Ordireauee. ( NOW: an
&w.vense*nt stroll be required to uflor+, the general public the use of the private Meets as a Fight-
of- 14 ray.)
2) Whew parking for a log is xaut ore -site or directly- adjurene ro th a lot on a pmblie or private mere i
{r.., a parking garage). the owners of Ihe lefts where parking is provided in a garage shall have
perpetual access to the parking garage a-v well as a perpetual right ro park can in (lie garage. They
rights described hereitr shalt fern r+vrlt time land. The deed. declaration our other doc'ura out
esluhli ping the rights described herein stroll be xubjmr ro re iek, and appro val by the round.
3) A flsimo and access Kwys described abore shall be requirrd to be bmided as part of the stir plan or
subdivision plat.
14 -518 BLOCK W D7'RL,
A modification of this section will provide i]exibiIity in the creation of block size, shape,
frontage, laird area and overall geometry, Blocks shall be as generally depicted by the
Application Platt and the ReguIating Bloch Plan, Per the Code, the ultimate size of the
individual black may not be increased nor decreased by more than 15 %.
Tire requirements of Section 14 -508) are ft- agived and replaced with the build-ty and block size
starrdardr established in die Code of Development.
SUMMARY
Staff has identified the following factors, which are favorable to this rezonirig request:
AlbemarleP lace — Public Hearing Staff Report orZ#frl01_07 2 ()
I _ The proposal meets most of the Neighborhood Model Principles and the Hydraulic Super
Block C'PA's goals,
2 The proposal providcs a majority of its parking in parking structures and relegates it in
other areas-
3. The proposal will provide an important example ofhow the County's Ncighborhood
Mode can be applied in a regional -scale shopping center.
Staff has identified the Following factors, which are unfavorable to this request:
I _ The regional. -scale solution for the Hydrau Iic/ Route 29 intersection remains unsolved
and may be unresolved for many years. While the applicant has proffered cash and
services toward as long term solution and a series of road improvement designed to off-
set their impacts in the short-term, the ultimate tranWrtation solution remains
problematic and this development will acid traffic to this intersection.
I The proffers are still under discussion and have not been satisfied to the stafrs
satisfaction.
3. The applicant has not committed to providing affordable housing within this
development_
4, The applicant has not specifically addressed the Community Facility plan's general
references to the need for a library or urban gym within Neighborhood i or 2.
Rxcomm F NOIFD ACTON
Staff believes that the applicant has met the land use and site design goals and requirements set
Forth in the Hydraulic Super Block CPA and has mitigated traffic impacts from the development
to the extent possible. however, there are the following technical issues that have not been
resolved and need to be resolved prior to any action action to approve:
1. The proffer language should be resolved to the satisfaction of the Cc Attorney's
0 f1j ce and the Director of Community planning and Development.
?. The hardscape standards in the Code of Development should be defined to the
satisfaction of the Director of Planning and Community Development.
Once these technical issues are resolved satisfactorily, staff recommends approval of the
rezoning (ZMA 0 1 -07) and the requested wa ivers� modification in Attachment C of this report,_
ATTAeHMEhT5
The Albemarle Place Code of Development (Atrached as a separure dorumerrt)
A. The rezoning Application Plan - Ground Floor
B. The rezoning Application Plan - Upper Floors
C. Waivers/ Modifications Action List
D_ Draft Proffers
E. Vicinity Map
F. CPA Language for the Hydraulic Super Block
G, Staff suggested road alignments for Albernarle Placr and the Hydraulic Super Block
H. Traffic Study's proposed interim road improvements to offset the impacts of Albemarle place
1_ Traffic Study's proposed regional nanspomtion solution
I Engineering's recommended interim road improvements to offset the impacts of Albemarlc Place
Albemarle Place - Public Hearing Sluff Report for ZAfA 01 -07 21
K. Intersection impTove rkents proposed by the 29H250 Taskforce (general scale)
L. Intersec[ion improvcmrnts proposed by the 29H250 Taskforce (at the Hydraulic' RI, 29 intersection }
M. lntei- 5" [ion improvernews proposed by the 29H250 Taskforce overlaying the Albemarle Place
proposal
N_ The Fiscal knalysis
f�
Albemarle Place — Public Hearing Staff Reparf for ZMA 01 -07 2
Index
ApplicationOverview ...................................................... ' .... ....... '............................................... �
Applicant's '^~r~~~~ ...... ----...... .................................................... ........... .......... ............................... — '
PciJonfor Rcxauins: -----__........ ................................................................ --............................. �
Coai-actermf t1w Area: —_---',,~--- .......................... .................... -------------.............. J
plannhng and Z*nivg Hisony,— ...... '-------_........................................................ _____—____-2
13y`jgbtUm:uf the Properties -�_---- ..................................................... ...................... -- ..... ........ -- 2
ApplicanCs hisfificmuou far the Request, ..................................................... ...................... ---- ....... --- 3
Conformity with the Comprehensive Plan: ........................................... ... ....... ........................... 3
CO,fUnMiLY %vuh tht Land Use Plan. — ............................ --- ....... .................................................. .............. 3
ConNn��L-y~nh LhcRy6#autir, Super B lock ConTrehensive 9 Ian Amendment ................................................ 3
Conforniity wjtb thcNe igb8o600d Mo&{—' ......... ................. .......................... ...................... ............... 5
Confnnutyn'hhthe CommurdtyFaoilidcuJPJM ------- --- ........ ''------_--...................................... 7
Con R»mmitypiTb thvOpqm Spwrt!wmd Natum1R«suumces Pbmn—'—'-- ......... _—...................................... 8
Analyds of 8
A nalysis of the Proffers ...............~~ —_--.__------.' .........................
Analysis of the Waiver Requests ........................................... ....................... ^^`^^'^~~^^^^^^^~^`^^~~^^^~``^16
Was ,cr5u,Thu Zpnwg0ndiouocc. Chapter |8 ........................................................ —........... ----_--.i6
somnomun} ............................. ............................................... .......... ......... ............................................ 20
m�dft
Albemarle P/ace — Pwblic Hearing Sraff Reportfor ZMA0/-07
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Attachment
A )be marie Place
Waivers, Agrwrements and Clarifications
Date. September 2. 2003
ZMA : 01-07
Tmx Map Parcel #; T P 6 1 - W- 3 -19B, TMP 61 W -3419 , TM 61 W -3 -24. T P 61 x -3.23
Existine Zoning; LI, Light Industrial
Proposed Zoning: Neighborhood Made], NM District
Total Land Area: 64.71 acres
Waivers to the Zoning Ordinance, Chapter 18
Under the authority 6, ,Tanted In Section 8.2, the Board of Supervisors may waive, vary or accept
sub stitut[on far any requirement of sections 4, 5, or 32 of the Zoning Ordinance if it is Found that
the provisions in these sections are inconsistent with a planned development's design principles.
Ilse applicant has requested the following waivers or modifications to the Zoning Ordinance.
Staff supports all of the following waiver and modification requests. The recommended wording
for these waivers and modifications with canditions are provided are bald, italics below;
4,2.3 Location of Structures and Improvements:
fire requiremerrtsofSection 4..3 are waived, coadi onal repair approvalofan erosion and sediment
c'oirtral perinrir that meets tore vquirernreals of Section 8.5.5.4(b).
4.3 (AW Tree Cutting:
T1re requirements of.Secrion 4.3 (a& b) are waived, randitional upon approval of art errxsion and
mdimerrt control perni t Mat meets the requirements of.Secdon &S.5.4(b).
4.8,1 Fro ntacte and Lot 1 idth Measurern e nts
4.6.2 Lots Determination of Lot Front
4.6.6 Lot Access Requirements;
The requirements of Sections 4. b.l, 4.6.2, & 4.6.6 are waived mater the folfawing conditions.
1� Access will be mainrained to the individual lotx through one of the following options:
a) Lots inusr frarir a public srreer and be served vvids drre.cr access ro a public street. or
b7 Cats m u sr fran r a private _street and be served 141h direct access to a prlvare ,street. wwhich is
built to the standares set forth In the .Subdivision Ordinance; provided that any such ssatdards
maybe waived or odtfred as expressly provided in the Subdivision Ordinance. ( !Fore; arc
easement shaft be required to allow the get:eral public the rise of (he private streets as a dgist-
of<way40
21 Woereparkrin for a lot is iron au -site or direcily adjacent ro the fog vii a public or private street
(Le., a parking garage), the ourners of the lots where parking t,s pro vided is a garage shall h&n e
perpetual access to lire parking garage as well a,s a perpetual right to park cars in the garage. The
rights described herein shall run wirh the laird. The deed, declaration or other document
establishing the rlght,s described herein slutll be subject to review an d approval by the County
r
Attachment C
3) -4 1/ streets and arressways de.vcrihed ab(iveF shall be rerqutred to be bar +ded a.% part of Die sire Flail tar
Nubdivision plat.
4.6.3 Lots Yards Adjacent to Street:
4.6.4 Rear yards an Interior Streets:
4.6.5 Slde Yards on Lots.
the regjuremerrts of Seesions 4.6.3, 4.6.4. & 4.6.5 area waived raid replaced x4th the bijild -trr line
sraudard.% eo ahlished in the Cade o f Developrrmew
4.7 O eta ace:
Tire requirements of ecrion 4.7 are ► eived and re-placed with the antenities and imporrara fearnres by
blocl4 that are established let the Code of Devvlopmeat.
4.111 Covered porches, balconies chimneys. and like features:
Tire r,equiriuments of .Sections 4.11.1 are h -arwed under sire following Conditions:
1) The Director of Harming and Conrmun }' Development ntay approve var'AfftlanN from$ rite*
requirements of .Seedea 4. 11.1 using Ilse criteria set forth in Section 9.5, 5 3(c), rf Me applicant
fa #laws the procedures eseablislsed in ,Section &S. 53(b).
4.16 Recreation Re ulations-
The requireasents of 'eerion 4 7 are trradr ied arid replaced with Ilse ameltifies arrd imporraw f i- alares
ks- block dial are established isr sire Code of Development.
5.1.16(a &e) Swimming, Golf Tennis Clubs:
Tike requirements of Section S. L 16(ddre) are waived and replaced with the uses and srandar ds
established in the Code of Development.
5.1.21 Dwellings in Commercial and Industrial Districts:
Tire requirements of .Section 5.L21 are we ived.
5.1.24 Subordinate Retail Sales_
The regWremenis of.Seclion S.I.24 are waived and replaced iwvth she uses and standards esrabitslkead in
the Code of Development.
32.4.1 Preliminary Conference with Staff:
The requirements of Section 32.4.1 are waived
32.7.2.8 Sidewalks:
Tire requirements of ,Section 32.7 Z8 are r+aived and replaced m th the uses arrd standar& estabMhed
in the Code of Development.
givers to the Suklivision Ordinance, Chapter 14
er the authority anted irk ection14 37, the Planning Commission may waive, vary or
accep bstitu[ ion for regtkiremenl of $(Ills l4 -Qb[1 through 14 -526 of the Albemarle
County ivision Ordina The
applicant requested the fallowing waivers or
modifications cause they con i i or may eontlic ith the regulations proposed in their Code
of Development. aff supports all the following v� ver and modification requests.
14-500(s) Clar €flcation Setback Line:
The requirenrenis of.Secllo44,4- 500(e) are waivedrradreplaceef Mire build-Yo srandards es[ablished
its the Code of Development.
Attachment
14.50 of Shape:
The req �ifnte .Sectiorrs } 2 and 14 -50.3 are Nat rd and replaced with flit., build -te sla ndards
establishredde of Develop iii+
14.504 Lot location a d Frontage.
14 -505 Access from lot onto public Atrebt or private road:
The requirenrenr.5 of Sevejons -4.&1, 4.6.2, & 4.b.6 are waived under the folloWng condluorrs:
I Access will be mainsa fined to the individual lours ll#raugh one of the following oprions:
a) Jots must from aR public street and be served ivirli direct a, Ycess to a public street: or
b) Lost racist front a private street and be served with direct access to a private street, which is
built to rho sta ndares ser forth its the Su bdivivion Ordinance, provided tha�r a ny such standard,,
may be waived or aeade'ft ed as expressly prarided in the .Subdisdse'oer Ordinance. ( lVore an
easeeneur shall be required to allow the gencral public Ilse use of the private streets as a righf-
of-way:)
2 'here parking for a lot is not an-site or directly adjacent to rite tat on a public or private street
(i.i %.a parking garage), lire awners of lire lou where parking is provided in a garage shall hasp
p.erp ntal a ccev.t to the parking garage as well as a perpeleraul right so park cars in the garage. ]�
rights ode -scribed herein shall ruff with the land The deed, declara otj or other docurnetsr
esfablkhing' die rights described herein shall be subject to review and�bgffos-al by the County
3) .911 srreeft and aecescways described abavae shaxll be required to he bonded as part of the ;3ife platter our
subadi vision plat.
14 -508 Block Width:
Ttae requtreasenls of Section 14 -548) are waived and replaced 1**h the build-4o and block size
vian lards established in the Lode of Aeveloprrtenl.
r � r-
r k?
A TT -ACHME yr L
Albemarle Place
Proffer Statemient
WIs tR
o.wmml submis,�;aon Date: Mmcb 31 2003
Last Revision. AizgusC 26.3003
Description of Application 1 operties : The 64.71 -acre property s+ ject to dus ZMA crp-
plication comprises #otu sepmate parcels as reoogTuxed ty the land records of Albemcaie
County, as deae[i below. and as depicted on the accompanying Zoning Platt Exhibit
ptepmed by mirk Hughes and Asso4--iates, dated April 19. 2001
TIC 61 •W -3 -19$
Area_• 52.244 acres
Owner- Alb - file SkMon .I . LLB'
SW19 Zaning- Ll
Land Use MapDegignoton: LndusincrlServtc:e
proposed 70=g JVM DiSMcl
TW 61W-3.1g.A
Area 10-CM acres
Owner.- A1.be feSMon J , LLC
Dest2ng onlog ; L.I
L d Use Map Des2gnartm: IndusWcd .Servroe
propose ro=g.- MM Dfmc t
TAW 61W-3-24
Area: I.8I 7 acres
O rter: ALbLw lte Sfaton . LLC
Exi g Zo=g : CI
£mod Use Map Designaton Reg=al Service
Aroused Zoning- NAfi Dlsh7c -r
TbV 61W-3-23
Arect.• 0,644 Braes
Ownae: ALbe vXe Sta#on JET, LLC
Existing orring : CI
f cmd Use Mafia De52gpn= : Regional Serom
F7oposed ZoTling.. ffm Di�Wct
it k.
Pxoitez Stazernarki- Alben=Ae Place (Revised A tiguit 26. 2003. Pago 1
' ATTACHMENT D
Pursuant to Section 33.3 of the Ait,- -marle County Zomrg Ordinance, the Owner hereby vol-
untarily proffers the conditions listed herein below wiuch shall be applied to the ALbeimaule
Pierce (herein cater -the Property') it the Zorur g Map Amendment (hereinafter `Z A -) is crp`
proved by the County of Albemcale to the Owner's satisfac on. These cenditrons (�re Prof-
fered as a pair of the requested Z A and it is agreed that: (1) the ZMA ftself g#Ves rise to the
need for the conditions, and (2) such conditions have a reasonable relation to the rezoning
requested.
The term 'Owner' cis referenced herem shall include within its meamg the owner of record
€md successors in interest. The terra - Appliccdon Plan' refers to Exlbit A. The term 'wade of
Development- refers to Exhibit B. The term 'ZIVLA Phasing Plan- refers to Exhibit C. The term
`Regulating Block Plan- refers to Exhibit D The term 'MPO Concept Plan- Hydrenwc
RoadJRoute 29' refers to Exhibit E The for 'Short Term Route 29 TYansportation Improve-
ments' refers to Exhibit F. The term 'Right of Way Reservation Area' refers to Exhibit G.
The heodzvgs of the proffers and conditions set forth below harVe been prepared for conven-
ience or reference only =d shall not control or affect the meaning or be taken as an inter-
pretation of any provisions of the proffers,
1. Phuming of Albemmle Place Improvements- The Owner agrees to phase the con -
struction of street and site improvements for the Property in accord with general
street =d inirastrumue design cis depicted on Exhibit C. -ZMA Phasing Plan' grid
supporting exhibits included with the Code of Development. The first site plan for the
first phase of AJbemcule Place shalt include street, utility, and landscape improve -
ments to serve the planned building Improvements contcaned wlthm Blocks A. H.
and D as depicted on the Regulatizig Block Plcm.
'Die first site plan shall include, but not be limited to, New lvladrl Street, South New
Mc>in Street, North New Mcan Street. Swcrosoa Road Extended, Inglewood Drive Ex-
tended, and Albemarle Place Boulevard (also referred to as '4th Streetl echo Hill
Road Extended) as well as supporting utility infrastructure cs required to serve build-
ings and structure to be located within Blocks A, 13, C cxnai D.
2. Cor=urAty Development Authority Participation: upon request by the County. the
Owner shall petition foi and consent to a Community Development Authority ("CDA °)
established pursuant to Section 15,2 -5152, et seq_ of the Code of Virginia ( "Coale") to
be created for the purpose of finan=g, funding, plannirxg, establishing. construct-
ing, reconstructing, er1arg1ng. extending, or mcntanrring (except to the extent VDDT
or the County ma3ntaim any public improvements) Route 29 improvements and in-
tersectional improvements associated therewith. with such improvements Limited to
Route 29 along the section of trigh ay between the 2oute 29/2 50 Bypass (located in
Charlottesville) cmd Greenbrier Drive {loccrtect in Albemarle Counter),
Protfer Siaiemenl: Albemcu3e Place (Revised August 26, 2003)
Page 2
}
ATTACHMENT D'
This proffer slirah dilly apply if (a} tl�e ww-5n it of the land subject to ring rliap
=endments on the 'CQMdial Property`. as such appbcatori exists on Augus*. 13.
2003, and (b) owners of other rrontzguous commercial properties in the area bounded
by route 29, Hydraulic Load. Commonwealth give cmd ieenbnca Dave
(hereinotter 'the Super Block *) tha l may be necessary to ttztfilt the siatutery req-U2e-
men t; For the CDA have coined at have been caused to join the CDA for the purposes
described herein. The CDA shall be applied to only yo coMrnercial parcels (real es-
tate) with ALberxar]e Place. The Alt mcu]e Plaom -'s residential l- race -l's {neat! estate)
�;hcM not be mcludcd in the CDA.
It is understood that the Owner at its sole discretion may elect to pursue cmd employ
a C.DA ( within the scone CDA or a sepmcae CAA) to a portion ar all of its property. to
the extent permitted by enabhng statutes. tar the purpose of tundulg =a5t FUMZe of
public benefit Unclud ng pmkzng structures and streets? that waq4d be located on the
Albemarle Place property.
. Cash Proffer for Route 29 Regional Trc=portahon Study cued Official M tp: TbiE?
Owner wit provide (ot) a cash contribution to the County for the WO Phase 2 I;oute
9 reaionai trcmsportc=n study and (b) a contribution of CWner provided services to
prepare m official map for future Hydraulic RoadMoute 29 intersectional improve -
menu Tins cont>ibution shall be in an agWegcrte amount not to exceed Ore Hun-
dred 'Thousand Dears CS 1010,000 -0D)- The iatb of this contribution shad.i be one -third
.wash c d two-thirds Owner provideds_
The cash contribution: shall tie made by the Owner Withm thirty X30) days ti on te-
quest by the County. Such request tax: cash co ntnbution shall be subject to approval
by the County and VDOT of the scope of woik and funding for the Phase 2 study li
the request is not made before October 15, 20M, this proffer shall become mill and
void. if such omh contribution is not expended for the stated plupme within two (2)
year* ixom the date the funds were contributed to the County. the ccmtnbuted funds
shoal be refunded to the Owner by the County.
The coat ibWjon fox professionsd services shall commence within thirty (30) days
upon request by the County subi C to ZhM approval by the Board of Supervisors,
The services shat] be Limited to the specific purpose of official map preparation by the
Owner for the County nght ut wiry ri cquuements for rWLue improvements for a Route
29fffydr is Roam intersection m accord with Proffer # 10. "These services shall pro-
vide supporting ti -of#ic pro rig, trrammportation engineering, land surveying, c and
Tight of way plait exhibits m mKluued for Ebmd adoption of the official snap.
The Cuunly's Senior Duectoa of Commurily Developmer)t shall review. esWb ish and
❑pprove (co scope of services related to the in -Lind contribution for pteparation of the
official map. (b) the tirnetrcunes for commencement and completion, of =d services.
and (c) the Owner's rnonetmy equivWen1 for professional services herein ident hed.
As daected by the County's Serum Duector of Community Development. these proles-
Protler statesr r Albun=W Pface (RevrsedAvgusf 26. J73; Page 3
�i
ATTACHMENT MENT 0
slonul services shciU be coordinated with the Phase 2 Wo Poute 29 regponctl
ticrosportation study herein above refetenced =d provided at the sole expense of
the Owner_
4. Camh Proffer for City of Charlottesvillo Traffic Calming Improvements. The, Owner
will design gild consmict trcftic calnvng improvements witNn City of Chcalortesville
residential neighborhoods in close proxmity to Albemarle Place, provided that the
cost of design and comtructon does not exceed Ten Thousand Dollars ($10.000.00).
If request for con ruction is not matte by the City within one yem from date of
approved of the first site plan for Ailxerncale Place. this proffer shall become null ca 1,
void.
5. CcMh Proffer for C hculottesville Transit Service Commercial Conidor "Jitney Service ".
The 0)t mer will contribute to the County a pro-rata share caxrount for a maw urn of
Twenty Thousand Dollars ($20,000.00) per annual or a pro -rata shoe per annum in
OL an amount equal to twenty percent (20%) of operating and rrrcrinten=ce casts.
,r A'^'""~" whichever is less. #or a period not to exceed five years towcffds an opercchng and
rr,mntenauce t nod to provide dedicated `jitney bus' service to retail commercial
developments, including A bemcff]e Place. along the route 29 Corridor.
if the = 'jitney service' is not placed into operatton not later than January 1. 2007,
this proffet shall N--=ne Trull and void.
b. Cash Proffer for Capital Improvements; With the applicaton for the building penT,jt
for each residential unit within Albemimle Place, the Owner shall contribute Two
Thousand Dollars ($2000.00) per residenticd unit to an escrow fund established and
managed by County for a capital improvements fund for use by Ai) ctrle County
for public improvements, utirastrxtcture, facilities and other capitc:l items related to
A bemimle Place. including, but not Limited to road imploverrtents, other
transportation improvements, recreation, parks, open spazce, land and right of way
acquisition, and environmental protection.
U the County does not use all or a portion of the established fund by C7ctol]er 15,
2023, then all remct"g funds in the escrow account shall to retum,ed to the Owner,
Any funds advanced by the Owner for publLc right of way acquisition pursuant to
Protter #8 shall be credited to the per unit contzibution, (As an example of the
apPiri7atan of this proffer, nght of wary acquisition may cost the County or State 200,trgpp At
the tequest of the County, the Owner woWcl advortce the $2004M to the Caunry or State for
rigrhf of wuy acgwmtrdn. Ln rum, the County would recognise the Owners cash contribution
ors a credit for the S2DX pex uml cosh proffer thereby enhfiing the Owner to 100 resIdentlal
units without further proffer payment for these its. )
7. Construction and Phasing of Frontage improvements on Route 4: At its expense.
the Owner shall plan. design, bond cmd construct continuous through tum lane
improvements to be dedicated for public use on its Hydrmilic Road and Route 29
Proffer statement; Alben-mule Place (Revisc+d Aug=f 26. 2003) Page {
.,
ATTACHMENT L%
ftonlage The design sh<:W t with the txr t site plan foe the ffrsi sechnn of
Albemarle Place The subject trontage =provements are depicted by Exhibil F.
'Short Term Route 29 Tronsportation Improvements -.
The Owner shah subrrut site p1mis for these improvements to the County within six (6)
months from date of ZMA appinval by tl Bocad of Su ervmrs and shall con iml its
efforts to the timely response and reRibmzston of phis pxusuant to site plan review
comments by the County
8.
Construction and Phamng of Off-Site Ixmgrovernents on route 29: Upon request by
the County. the Owner sluxil plan, design, bond and construct off -site turn lane
improvements as depicted on ExIAW F. 'Short Terre Route 29 Trrm.sportatiori
Improvements'. The Owner shall subrrut pltms for these improvements within six (6)
month from =e of ZMA approval by the Board of Supervtsars.
if lcnd acquisition is required for off -site public right of way for liydraultc RoadfRoute
9 intersection improvements within the County or for itrmpr'overnents to Route 29
i!thfn the City of Charlottesville. as identified on Rxhibit i<, the Owner shall make a
casts contribution to the Counrit not to exceed Five Hundred Thou=d Dollars
C$000.000,00 }, provided that the Owner shall receive a credit far such contributicm
against the $2000.00 per unit residentni cimh proffer pursuant to Proffer #&
It zequisite right of way aaquis<tion lor +ill identified improvements and all pimtnfng,
design, and construction pe=ts for these improvements have ziot been Obtai;med by
the date of approval of the first site plan for the first section of Albemarle Place or
October 15. 2006, whichever cornK first, this proffer shcW become null and void.
Dedication of Lanai for Future Reoorrai Route 29 /Hydraulic Bond Intersection
Improvements: The Owner shaE dedioote in fee simple cerIctin land on the Property
to the Couruty tot t=L"rtatLon improvements for the Route 29IHydrauhc road
intersection m the location described as 'Area to he Dedicated' on Exhibit ice, 'ROW of
Way Dedicatian Area', provided that such requed for tledic bon is made not later
thaw October 15, 2005, otherwise this protfer shall become null and void_
Until such point in time that construction commencw on the above cited public
tramspodatiOxY improvements, the burner shall nutntcdn this land and shcr3] retain the
right to the exclusive use the land for landscaped open space a packet park,
tempo= parking, ten g, utilities or environmental purposes as may be approved
with the first site plan subnuttecl lot the first phase of All emcule Place In the event
that the adopted design for future public intersection impmvaments does not require
the utilization of aB of the dedicated lanai, the Owner rncry continue to use the
residual portion for purposes cis above stated_ The domed lanai shall revert to the
Owner in fee simple, at no expense to the Owner, if the consM ctian Of the subject
transportation impmvements nit the dedi rted =xd dares not commence by October
I5, 2013.
Fmtte3 Skrtenwnt= Albemcmle Place (Reversed Augers? 26, 3)
Page 5
x ��
ATTACHMENT D
10. Reservation and Dedication of Additional Land for Future Route 29/Hydraulic Road
lntersection Improvements: In addition to dedication of land in accord with Proffer
#9, the Owner shod] reserve cmd dedicate subject to the conditions herein below
certcdn additional land on the Property foi the right of wary for at Hyd=hc
PoadMoute 29 grado separated intersection. The, reservation of the additional lazed
lirnited to the area (co as initially defined on Eylubit E. 'MPO Concept Plan- Hydmuhc
RoacVRoute 29 Intersection'. or (b) as subsequently defined 1:>y a revised right of way
exhibit in accord with cm official mug adopted by the County that reduces the right
of way impact Cars now depicted by Exhibit E) on the Property - Upon request by the
County, the Owner agrees to contribute professional services pursuant to Proffer #4 to
support the preparation of the official map for this intersection improvement
A temporary construction eatsement not to exceed twenty ( 0) feet froM outside edge
of cxb of travel tames shall be provided if the conatuction of the subject intersection
commences prior to the Owner's con nencement of construction of on -site building
and site improvements that would be trnpacted by tim construction easement.
Unta such paint in time that construction commences on the above cited public
transportation improvements, the Owner shall rncmntca n this land and shag retarn the
right to the exclusive use the land for landscaped open space, a pocket paffk,
temporary parking, fan=g, utilities of envno=ental purposes as may be approved
with the first site plan submitted for the fist phase of Albemarle Place.
The conditions on the subject reservation and demon shall be us follows_
(u) The Owner wtU ag-ree to reserve the additional land as defined by Exhibit E
until ( 1) can official mcrp is adopted by the County that defines the right of way
for the subject improvement. w () October 15, 2006. whichever comes first,
otherwise this proffer becomes null and void.
(b) The Owner will agree to the dedicate in fee simple and at no cost to the
County the additional land m defined by the adopted offidal map for right of
way, provided that the request for the dedication of the right of way is made
by the County prior to J=uury 1, 2007. otherwise this proffer shatlf become
null and void- in the event that the adopted design for future public
intersection improvements does not req=e the ufilt cztion of ahJ of the
dedicated land - the residucd portion shall revert back to the Owner
�C) The dediccfted land shall revert to the Owner in fee simple, at trio expense to
the Owner. if the coruction of the subject transportation irmprovernents on
the dedicated land does not commence by October 15. 2013.
(ti) The design and construction of the Hydraulic L oadMoute 29 intersecton
improvements do not impair sde and adequate access at the plumed
Ait>emcule Place mtemecton of S anuon Road ' tended) amal exist rig
PMUOr StatOnwnt: AlbBMM�O Piave CRavtsed Au 6, 200,3
Fags 4
34
ATTACHMENT G'
Hydraulic Road into Albenicale Place and that the existing vertical and
honxontal geame= chmacterrstics at the emoting Swcson RoadlHydtauirc
Road inters on t rn=t=ed in their present configuration
Y 1. Signahzation Pxolfet for Hydraulic Road and Route 291rztersections: The Owner at its
expeme shad engineer. bond and constrict of traffic sigrkctlixadon at (co the
intersection of '4th Strut' Street (also know as `Alberriarle Place Boulevard) and
l Route 29. and (b) the intersection of'Cedcn Htl1 Read Extended' and Hydraulic Road_
These improvements shad be constructed at such paint in time that (a) VDOT traffic
signalizaticn warrants cue :net. (b) the County or VDOT requests the instdUafton of
such signals, and (c) ROW constuction penTrits have been issued_
12. ConvnonweaIth Dnve CormectiQry The Owner shall Teserve land. engineer, lord
and construct at its expense on -site improvements for a street connection at the
northwest comer of the Property to Commonwealth DAve in the locatioon on the
Comdial Property as depicted on the Master Site Plan and labeled cis "Future
Commonwealth Connection_" The connection will be a two lame, private facility to
be constructed within a private access easement. Side cdk will be constructed on
the south side of the street_
The Owner will agree to engineer, bond and construct Me off -site portion of the
connection to Cornmonwecrlth Drive on the Comdia] Property provided than (a) all
necesscuy ecTements have been granted at no Cost to the Owner. cb) plan cnd plan
arpprovcrls and construction permits m may be neoesscrry for such construction for the
conneatian through off -site properties for this improvement have been granted, cmd
Cc) the request for such connection through the off -site property is made by the
County prior to October 15, 2010. Upon notiticabon by the County, the connection
5hetll be completed by the Owner within twelve C1 ) months from date of satisfaction
of conditi=s as set forth in herein move,
13. Other "Super Block" Street Connections- The Owner shall reserve tared and grant
eonstructrori =cl peimanent access easements at no expense to the County for the
purposes of future construction (key others) of inteT- parcel street connectons within the
'Super Block' crt the following locahom- First Street (to west to Cornrnonwealth Drive),
Second Street (to west to Cornmonwecath Drive). Third Street (to west to
Commonwealth Drive). Cedar Hill road Extended {in Block F to north to Ccmdiab,
Fourth Street (between Flocks F and G north to Cumdial Property). Swanson Road
Extended (to riorth to Sperry Property) and at two additional location into Sperry
Property.
me laK-,attons fur ucme uiit eservanon cmd dedication cue cis gerzercrily depicted on
Exhibit A and labeled thereon as "Future Extension," These easement loccdions shall
be identified, platted +anal dedicated at the request of the County in conjunction with
subsequent site plan apphcations for Albernmle Pierce.
Frofter Slatenront: Albemarle Place (Re vtsed AU9 tst 2b, 3?
Page 9
35
M
F ATTACHMENT D
14. Proffer for Futwe Dedication of Private Streets: Tfcrvelwcrys and access cusles
(generally referred to herein below as - streets') within the Property shcfil be "tally
constructed as private improvements in accord with final site plan tequirements emd
shall be located watt= private access easements (with improvements M physical
design crud function consistent with accepted practices far private, interior
travel ways and access aisles within regronal shopping centers and multi, arnily
projects).
'rrie prince street system small be constructed and rn=tarned at the Owner's
expense, Upon request by the County, the Owner agrees to proffer the future
dediccrtlon of 'streets" interior to the Property that are not xulicr y intended to be
dedicated at time of subdivision m site plcm approvcil. provided that;
(a) the request for such dedication is made by the County prior to July 1, 2013,
(b) the dedication of such rights of wary [toes not adversely mlp= the intended
f=ction of the - sttvets`,
(c) the dedicated right of way widths do no exceed the platted private access
easements relcrted to such streets (ROAN a }pack of curb to back of corm with
additional X rnainten=ce easement behind curb line). and
(d) the Owner shall becu no responvbility for additional irprovements card casts
related to such dedication of such 'streets- -
The understgned Owner hereby proffers that the use and development of the subject
property shall be in conformance with the proffers and conditions herein above and shall
supersede aH other proffers cmd conditions made prior hereto.
In the event thW the ZMA foLthe Properly yLsL appToved !Mthe 139wd of Supyryisors as
appli iQr Ipy the AppUcSMt on or before Qgt Qber 15 2005. 1 ese.proflets crr�d conditiorrs [ss
proposed shcdl be withdzawn and aire null and void.
OsPIL
Signature of ouwrter Phnred Name Dole
grotler Statement; J lkwanumle Place CRevLsedAup[rsf 26, 20aJi
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Attachment F
LANQ AGE FOR ALBEMAR LE PLACE C PA UZ -04
GENERAL RECOt1MEN17ATION
The Camprehensive Plan's land Use Plari should he amended to designate the undeveloped land
surrounding the Sperry Factory as regional Service, thus rep Iacirng its current designation c
Industrial Service. The remainder of the land use designations Within the super block should
remain as designated. In addition to the super block specific CPA Ianguage recommended
below. the changes to the Compreb ensi ve Plan's current language for Nei ghborhoo€I 1 are also
recommended to the Board of S open -isors as proposed ire AttachmenI B,
RECGIM%]EtiDED L ANC.l., %GF ANIENDN1ENT5 FOR T1I1; HY'DfiAuLIC S trPER BLOCK
Any development or redevelopment of the properties in the Hydraulic Super Bloch, defined as
the land cnclosW by Route 29, Hydraulic toad. Commonwealth Drive, and Crrecribrier Drive,
should occur within the following guidelines;
A. Transpurtatiun
l) The City of Charlottesville, Count} of Albemarle, the Virginia Department of
Transportation, affected property owners, and interested stakeholders should coordinate
the development of an integrated transportation system,
The integrated system should include the necessary improvements, inclusive of roadway
improvements, pedestrian and bicycle facilities. and mass Iransportation, in an area
encompassing the following intersections (See Attachment A):
• Hydraulic & Route 250 Bypass;
4 Hydraulic & Route 29;
• Hydraulic & Commonwealth Drive-,
• Hydraulic & Georgetown load;
• Route 250/ Route 29 Bypass & Barracks Road
4 Route 29 & Route 254 Bypass;
• Route 29 & Angus Road;
* Route 29 & Greenbrier Drive; and,
* Commonwealth Drive & Greenbrier Drive.
The integrated sys1cm should include development of a grid road network within the
Hydraulic Super Block as illustrated in Attachment A. Additional turning lanes and
gravel lanes may be considered along existing roads within the defined area; however, the
development of parallel roads as illustrated in Attachment A should be stressed over the
addition of lanes to rxisting roads.
As part oFthe integrated system, the County and City should create a road, parallel to
Route 29, which would connect Hillsdale Drive southward to Hydraulic (and points south
iFdeternsined beneficial by a traffic study), for the purpose of increased i werconnecti v ity.
possible alignment is con ceptuail y shown in Attachment A.
As part of the integrated system, improvements in this area may include urban, grade -
separated intersections, as warranted, to facilitate the movement of traffic. In particular,
the Hydraulic/ Route 250, Hydraulic/ Route 29, route 29/ Greenbrier Drive and Route
?9/ Route 250 intersections should be analyrred for such improvements.
Apprfined C'ompre herrs4w Plan language for Albemarle Place (CPA 01-04)
Attachment F
As part of the irrWVMed system, traffic signal timing and coordination should be
improved. and where determined necessary, intersections should be relocated to optimize
traffic now.
2} Developmeni within the HWriauIic Super Block should create multiple connections to
Commonwealth Drive, Greenb rier Drive and Hydraulic Road. A single connection to
C"ommonweaIth and Greenbrier Drives is considered a minimum within the super block_
Multiple connections to HydratllIc should be considered a requirement. Projects that
cannot connect through to one oCthe major roads surrounding the super block should
demonstrate that the means for future vehicular and pedestrian cannections is achicvable
between [heir project and the major roast.
3) The existing Seminole Square/ Sperry Marine, route 29 intersection should ultimately be
utilized as the connection between developments ors the east and west sides of route 29.
Any development within the super black should anticipate that this intersection will be
the primary point for a Rotate 29 crossover. Thus. they should orient building and street
layouts accordingly_ if it is impossible to gain direct access to this intersection, it may be
nec=ary to establish a new crossover between Greenbrier Drive and the Seminole
Square/ Sperry Marine/ Route 29 intersection to serve the undeveloped properties
surrounding the Sperry M arinu Factory. if warrantad by traffic studies and conditions,
However, zhis new crossover should be closed when a connection to the Sern inole
Square) Sperry MaAnel Route 29 intersection is feasible.
) Any development of properties along Route 19 and around the major intersections listed
in 'stem A.I above should contribute towards the necessary infrastructure improvements
{possibly including grade- separated interchanges} and set aside sufficient right -of -way to
accommodate the ultimate improvements for these intersections as dictated by the
integrated transportation systcni plan.
5) Development within the super block should be phased to match the provision of
trsnsporwilon improvements.
6) Development within the super block should Implement alterative transportation
solutions, These alternatives may include Transportation Demand M anagement
solutions, shuttle service between selected destinations within the City and/or County,
high occupancy car parking and mass transit.
7) New development should be designed to maintain traffic of a residential nature in
existing neighborhoods in both the City and County.
8. Laud Use
1) The County continues to value and encourage the continuation of the industrial uses on
the remaining Industrial Service designated properties (the Sperry Marine and Comdial
factories) because these business uses provide important employment opportunities and
contribute to the mixture of uses within the super block. However, the County also
recognizes that routed -use land uses designations, such as Community Service, may be
considered as an altemative designation for these properties as part of the County's
forthcoming Neighborhood Planning Initiative.
2) The development within the super block should be a canter or focal point for the southern
portion of Neighborhood 1.
.4ppres- edComprehens'ix�ePlan LongaageforAlbemartePlace fCPA 01 -U4) ii 5
Attachment F
3) Preference will be giver« to rezoning proposals that provide a mixture or uses, along with
a phasing plan that assures a mixture of uses during the development o the project.
4) The phasing of the project should be coordinated with the provision to assure adequate
water supply for existing and proposed users of that supply.
5) Any proposal within the super block should achieve the highest density passible as iong
as the existing or planned road, utility, open space, andlor other public infrastructure
supports that density. The desired overall intercity is a minimum floor -to -area ratio
(FART of.75.
6) Development within the super block should be phased to match the provision or non -
transportation related public infrastructure, such as sewer and water.
C. Design Standards ror Development or Redevelopmeat within the Super Block
1) The concepts of Neighborhood Model should be incorporated into all projects within the
super black.
?) projects should provide pedestrian and bicycle access both internally and to surrounding
properties and major roads. Additionally, the recommendations of the 1999 Route ?9
Pedestrian Corridor Plan and its successors should be implemented. Where right -of -way
is not available to connect a project to the edges of the super block, the project should be
designed so that the possibility for a future pedestrian connections and bicycle accesses
through the adjacent properties is retained.
31 Projects shouid ori ent buildings to major roads, both interior and exterior to the super
block (with priority given to the external street network), to the maximum extent possible
in order to create the appropriate streetscape.
4) To reduce the amount of site disturbance and impm,Ious surface, the ground floor
( "footprint ") of any single user may not exceed 70,000 square feet. Any building larger
titian 70.000 square feet shall be designed so that each floor can function as an indiVidual
business, to be reusable by separate users in the future. Cn addition, any large -scale
building should adhere to the following guidelines for the purpose of creating an
appropriate weetscape-
• Tine building's facades and rooflines should be of visual interest and should
reduce the massive scale and the uniform, impersonal appearance of such large
buildings.
The building should have architectural features and patterns at the scale of the
pedestrian that provide visual interest, reduce massive aesthetic effects. and
recognize local character. These elements should be integral parts of the building
fabric and not applied trim, graphics or paint.
A large building's design should integrate small liner stores with entrances onto
the sidewalk in order to break up the fagade of the larger user,
+ Any large building's location should be integrated with other buildings and site
features with an eye toward a pedestrian- friend] y composition.
• A11 large buildings should present at least a two -story elevation to the strcetscape_
5) Buildings along streets exterior to the super black should be compatible with existing
development opposite the proposal.
rtppro ved Comprehensb a Plan Language for Alhemarie Place (CPA 0 1 -04) iii 4 6
Attachment F
6) Projects should limit large surface parking loss through the use of parkint smctures.
Where surface parking lots are necessary. design should be implemented to
provide a streelscape that hides the surface p ark III g to the maximum extent possible,
71 Projects should relegate parking to the maxinium extent possible_
8) Projects should grade the site and provide design buildings that limit the use and height
of retaining walls. Minii mizing the height and use of walls is especially important where
the walls will face exterior properties, Projects should break tall rutaiILiIIS walls intg
multiple, shorter walls so that their visual impact is reduced. Additionally, projects
should screen their reu ini.ng walls with vegetation or techniques to reduce the visual
: mpacxs.
9) Projects should provide art appropriate vegetated buffer and screen uses on adjacent
properties When the uses are different from each otter.
D. Public Space and Public Facilities/ Amenities
1) Proposals should develop at lust 10% of the gross site acreage in amenities and 151V0 as
green space. Public amenities can be paved axe , such as plazas, courtyard, or
corr mural rooftop patios, or landscaped area, such as parks or water features. green
space, which provides an amenity, can be counted towards both amenity and green space
percentages.
Development within the super block should create pedestrian and bicycle connections to
Whrtewood Park and open space areas in the Meadow Creek drainage_
3) Projects w ithin the super black should fund a p roportionat c stare of pedestrian and
bicycle grade - separated crossings of Route 29 as indicated its the 1999 US route 29
Pedestrian Study.
4l Projects should im+estigate provision of space for public facilities, such as a public library
and urban gym, as indicated in the Community Facilities Plan.
E, Environmental Protection
I. 1 Natural waterways should be retained where possible. if after a careful analysis, it is
impossible to retain or protect these waterways, the pro}ect should implement measures
to protect water duality and quantity that will protect downstream properties and hahitat,
Tire project should oveoreat and/ or detain storm water to provide additional stormwater
protection. Additionally. any mitigation of we tIand and stream impacts should be
provided within the watershed where feasible,
?) Projects should incorporate the principles of sustainable design, such as green roofs,
natural lighting within buildixlgs, and energy eMci:ency, to a significant extent.
3) Projects should retain significant trees and other vegetation.
Approved Comprehensive Plan Language for Atbrrrrariv Place (CPA 0 ! -114) 1'
Attachment F
AkTTA HIMEN7 A
Aprpro w-k-rf Comprehensive Plan Language for Albemarle Place (CPA 0 f -04� y O
Attachment F
ATTACHMENT B
Neighborhood One
L c`.f fn.'
Neighborhood One is bounded by Route 29 forth on the east- Hydraulic Road on the south. (and
a small area to tlir south of I Iydraulic Road). the South Fork Rivanna River reservoir vwratershed
and Hydraulic Road on the west and the South Fora: Rivanna River on the north
ExfSmc, LAND USE
Residential- Neighborhood One contains 3,285 housing units and a population of 7,241
people. This neighborhood contains the largest residential population in the County, Sixteen
percent (522) of the housing units in the Neighborhood are single - family attached; twenty -Five
percent (825) of the housing units are either townhouses. single family attached or duplexes;
fifty -sit percent (1.827) are multi - family; and three percent (I 11) of the housing units are mobile
homes (July, 1996). There are a number of major residential developments in the Neighborhood.
including Whitewood Village, Westfield, Jefferson Towne, Turtle Creel. Sachem Village.
Wyndridge, Wesigste Apar#rncrnts, Four Seasons and Townwood. Heritage HAI. a retirement
community. is located in this Neighborhood.
Commercial and Office- This Neighborhood contains a large inventory of retail and office
uses. S onic retail uses include Shoppers World Shopping Cemer ( 148.793 square feed: Rio Hill
Shopping Center (294.901 square feet); Sam's Wholesale Club (113,613 square feet); and al-
Man (114,513 square feet). .also, there are a number of other commercial uses in the
neighborhood such as car dealerships. hotels, and restau nts, which are almost all along the
Route 29 comdor. Larger office uses include Village Officrs (Berkmar Drivc- 30,900 square
feet), Wcst Park Pla a (Rio Road - 17.975 square feet); Rio Vest Professional Center (50,074
square feet), Sachem Village (Whitewood Road- I2.00O square feet); republic Business Center
(Whitewood Road- 10.032 square feet) and Albemarle Professional Center (Hydraulic Road -
14,398 square feet). Berkrnar Crossing (62,066 square Feet) is a mix of office and CaMrnerd3l
uses.
Industrial Neighborhood One includes two of the County's largest employers (Sperry and
Comdial) who together employ over 2,040 people, Sperry contains 231.055 square feet and
Comdia] contains 452,380 square feet.
Approved Comprehenvive Plan Lanpagefor AlhemaHe Place (CPA 0 1 -04) �'i
Attachment F
In relief Neighborhood One slopes dm, award from a western ridge following Woodburn, Rio,
Hydraulic and Georgetown Roads to Route 29 Forth on the east. A series of swales form streams
crossing under Route 29 in various locations.
TR.q'V.SPQR rA T!C w
Route 29 is a primary arterial road serving the Neighborhood. Thy Route 29 (Western) Bypass
will likely intersect the northern portion of Neighborhood One west of Berkmar Dri ve and east
of Woodbum road. Rio Road and Hydraulic Road are heavily traveled by vehicular, pedestrian,
and hicycIe traffic.
Utilities are present thmuaghout the neighborhood. Major walcrlines follow Woodburn, Rio,
Hydraulic Toads, and Route 29. Major sewer trunk lines follow Four Seasons Drive and the
stream swale through Berkeley Subdivision to the Branclilands PUD, and ultimately to the
Moores Creek WasiewaLer Treatment Plant through the Rivanna Interceptor,
PvHuc FAavrtEs
Agnor Hurt Elementary, the Seminole Trail Fite Station and Whitewood park are located in the
neighborhood, as well as a boat access to the South Fork Rivanna Rivcz- at the rnd of Woodburn
Road, Adjacent to the Neighborhood are Greer Elementary, Jouett Middle School and
Albemarle High School, Public Facilities are adetluate in the area.
RED' ()AAt,'.- VQArro rs
• Due to the potential impact of the Western Bypass, the area north of Rio Road, west of
Berk mar Drive and east of Woodburn Road, was designated Transitional. This
designation will allow for a wide flexibility of uses and allow uses that would be
compatible with the bypass in the iong term and provide a transition to the residential
property to the west in the sborl term. Access to Woodburn Road from properties located
between Berkrnar Drive and Woodburn Drive will be prohibited. Proposed development
which impacts ors the bypass development shall be discouraged,
Approml Comprehensive Plan Language for A 1hemaiple Place eCPA 014141 %q I
Attachment F
log
- a
Future development plans along Route 29 earth are to be sensitive to its status as an
Entrance Corridor Roadway.
Transportation improvements include:
- Provide landscaping. walkways and bicycle facilities along Route 29 to cr%hanec this
comdor as the County s major bustnc&s district.
- Widen Hydraulic road and Rio Roed to five lanes bcmreen Route 29 North and
Whizewood Road. include walkways and bicycle facilities in conjunction with tines
project.
-r cry-
Mamtain and upgrade transit service to the Neighborhood. Consider extending transit
i,ery ice along Route 29 to the northern most potion ol'the Neighborhood and to BeTlanar
Urive,
Construct a grccnvw•ay along the South Fork of the Rivarma River. This provides a
pedestrian connection of the Ivy Creek Natural Area to the Urban Area and an
opportunity for passive recreation adjacent to the Urban Area. Develop the greenway to
meet the recreational and conservation needs of the residents in Neighborhood One, and
the entire County.
Utility improvements include:
Projects '
have been -LA hsvizl'in 10-0Se ae 'rriE Te'n'ee'a-iiratir[[e-ICy
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- Perform a study to determine_capactty of the Meadow Creek Sanitary Sev� P; Cnt�rceptar.
Maintain the wooded ridgclinc along. Berkmar Drive to buffer the residential properties
along Woodburn load.
1
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Attachment J
&
OUNTY OF AL13E MARL E
Dpan men t of Eng =mrik & Public Wi r"
ME M OR,A.ND UM
To: Michael Barnes
From: Glenn Brooks
Subject: Albemarle Place (Town Center ), transportation improvements
Date received: request of 12 Aug 2003
Date of Comment: 13 Aug 2003. 15 Aug 2403, (final) 26 Aug 240:
Summary of Trunsponation irnprowern ents for Mbernarle Place, ZM A- 01 -07: Please pore, all
iirrproventenis are to include right -c wa,v dedication and sidvwalk relocafiosp where izecessar.y.
A. )Minimum int royeMen #s (required for site development du(: to direct impact),
I . A continuous right turn lane ( acceleratiorrldacleration/full- frontage - improvement) on
Seminole Trail (Rt. 39) soutlthound from the northernmost site entrance (4 "' Street) to the
southernmost site entrance (Now )Main Street), as well as a 200' right tum lane and 100' taper
irno the northerrvmost site entrance (& Street)-
?- A continuous right turn lane on Hydraulic road (lit. 743) westbound from Seminole Trail
I Rt, ?9) to the westernmost site entrance (Inglewood Drive), (Incidentally replacrs the right
turn lane into the existing "Sperry entrance, and is conditional upon right -of-way being made
available in front of the 7 -11 corner,)
3- A 200' left turn lane and l04' (or as determined by VDOT) taper on Hydraulic goad (Rt.
743 } easibound onto Seminole Trail (lit. 29) northbound.
A, [I the C'inf allows. and if'right -o waY it availablel Spot improvements to achieve a
continuous right turn lame on Hydraulic road (Rt. 743) westbound from the Km art site
entrance to Seminole Trail (RL 29), and on Seminole Trail (lit. 29) northbound to Zan Road,
5. Cedar Hill signal installation and new entrance design to prohibit through movements,
b. A median on Hydraulic Read (Rt. 743) firatn Seminole lane (lit. 29) to 5 0' west of Swanson
Drive.
7. A 35th' extension of the two left turn lanes on Seminole Trail (Ri. 29) northbound into
Greenhrier Drive (lit. 866), if the new signal and cross -over in Front the Post Office is
allowed (discussed below in item 13.)
t)1
13. tiliimuM irn rrr ernen1 re uired fur a nevv signal and median on Seminole Trail lit.
8. Extend the continuous right turn lane on Seminole Trail (Rt. ) southhound to Greenbrier
Drive (Rt, 866), and lengthen the right turn lane into Greenb6er Drive (Ri. 866) to y* *With a
* ' taper. (* - lengths to be determined by VD0T)
9. A * ' left turn lane and _ *_' taper on Seminole Trail (Rt, 29) southbound into the Post
Office entrance. (* - lengths to be determined by VDOT)
10. Two 0' left turn lanes with * ` taper on Seminole Trail (Rt. 29 northbound into the new
site entrance (4'' Street). (" - lengths to be determined by V DOT)
11. Spot irnptovements to achieve a continuous right wrn lane on Seminole Trail (RI. 29)
northbound from Zan Road to Gwnbrier Drive (Rt. 866),
12. Full intersection and signal installation at the new site entrance (4!' Street) and necessary
hardware to coordinate with the condor.
C. Other required improvements
13. A rii& -of -way dedication at the corner afHvdrauIIc road (Rt. 713) and Seminole Trait (lit.
29) For future interchange improvements_
D. Other improvements recommended by V DQT
I4. An extension of the right turn lane requited in item 4 above on Seminole Trail (RI, 29)
northbound from Hydrau11c Road (Rt. 743) to Zan Road,
15. Hardware im pro %- emertts to coordinate the City and vDar signals at the Kmart entrance on
Hydraulic road (111. 743) and on Seminole Trail (Rt. 29),
16. An additionaI right turn Zane on the Bypass (Rt. 250) westbound onto Hydraulic Road (lit.
743), as well as an extension of the existing right turn lane.
E, Other improvements requested by the Counts-
17. Transit facilities within the development and on Seminole Lane and Hydraulic Road, as
discussed with the proffers.
Other improvements rettuested by the City
18. Traffic calming measures within the neighborhoods across Hydraulic road.
Three graphics are included with Ihis memo. 1) sketch of required improvements, 2) existing
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91-10 Conceptual Design of the Hdrulil Fit, 29 Intersection
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ATTACHMENT N
COUNTY OF ALBEMARLE
MEMORANDUM
TO- Michael Barnes, Senior Planner
FROM: Steven A. Affshouse, Fiscal Impact Planner } :" :%
DATE: August 26, 2003
RE: ZMA 01- 07 (ALBEMARLE PLACIE)
! analyzed four separate scenarios for the property in question. The first two scenarios used CR[M"s
slai lard pupil and population generation factors. Scenario number one exarnined the net annual
Fiscal impact of the maximum new devcloprnent that could take place under curren? tuning, while the
second scenaa-io estimated the net annual fiscal impact of the new development that would result if
the Cou my approved the proposed zoning changes For the property. The results of t here first two
arWyses appear in the attached "Budget Summary — Current Zoning (Official Result, Using Standard
C-RrM Assumptions)" and "Budget Summary -- proposed Zoning (Official result, Using Standard
CRIM Assumptions)" documents.
The third and fourth scenarios used adjusted pupil and population generation factors. Recently, I
discovered that the pupil generation and population generation factors in CRTM apparently
overestimate the number of new students and residents that the County gains as the result of new
development. In the case of pupil generation, the overestimate comes to roughly 41% while, in the
case of population generation, the overestimate equals about 3 %. In the case of the third and fourth
scenarios, therefore, 1 adjusted each of the pupil general ion factors in CRIM by (1 1 1.41) _ 0.71 and
1 adjusted each of the model's population generation factors by (111.23) = 0.813. In the third
scenario. CR1M estimated, using thew adjuaed, actors, the net annual fiscal impact that would result
from the maximum new development allowed by c'rrrmns zoning, while in the fourth scenario, GRIM
calculated, uswW ikse adjusted. factors, the net fiscal impact that would result if the County approved
the proposed zoning changes for the property. The results of these third and fourth analyms appear
in the attached "Budget Summary -- Current Zoning (Unofficial Result, Using Adjusted Pupil &
Population Gen_ Factors)" and "Budget Summary -- Proposed Zoning (Unofficial Result, Using
Adjusted Pupil & Population en_ Factors)" documents_
In the case of the first and third scenarios, 1 assurned that 20,000 square fee; of retail space and
1 00,000 square feet of industrial space could be built during the course of the next }year. Ln the case
of the second and fourth scenarin f assurned that 200 singe family attache&tawnhouse (SFALTM)
units. 450 rnulti.family (MF) units. 802.000 square feet of retail space, and 267,000 square feet of
ATTACHMENT h
M A 0 1 -07
Aupst 26, 2003
Page Two
taxable office space would be built on the property. For the sake of simplicity, 1 assumed a one -year
build -out for the proposed development
As for the net annual fiscal irnpact of the rmximurn nens- development that could tale place under
current zoning, the staff are{ average cost version of C'RIM estimates that, a#ler build -out. the
following result would occur_
Scenario # I
Fiscal Impact — Carr. Zoning (Mcial Result)
Property Taxes $125,000
Other Revenues 583,000
Total Revenues $748,000
School Expenditures (5475,000)
County Govt_ Expenditures (172,000)
Total Expenditures ($647,000)
Net Annual Fiscal Impact - $61,000
In terms of the annual impact that the development would have on the County's capital costs, CR IN 1
estimates the following numbers
Scenario # 1
GIP Impart — Curr. Zoning (Official Result)
Schools CF Pay -&- You - Go (SO)
Schools CF Debt Service ($174+000)
Total Schools C1P Impact (S174,000)
County CF Pay -As -You -fro ($0)
County CF Debt Service ($0)
Total Cty. Govt CiP Impact (.So)
Net Annual CIP Impact ($174,000)
ATTACHMENT N
MA O1 -07
August 26, 2003
Page Three
Note that these CIP figures are included in the fiwal impact numbers listed on the previous page (.The
5174,000 in capital casts is part of the $647,000 in the estimated total annual expenditures resulting
from the development). These C [P numbers are presented separately to highlight the magnitude of
the capital costs that would be assmiated with such development
As for the net annual fiscal impact of the development that would take place under the prg1NxNvd
zoning, the standard average cost version of CPJM estimates that, after build -oast, the following result
would occur
Scenario 9 2
Fiscal Impact — Prop. Zoning (Official Resull}
Property Taxes $ 1,45 5,000
Other Revenues 7,658,000
Total Revenues $9,1 13,400
School Expenditures ($4,910,000)
County Govt_ Expenditures (1,550,000)
Total Expenditures {$6,460,400}
Net Annual Fiscal Impact $2,653,000
Please note that this Fi&ure of $2,653,000 differs sornevwrhat from the $2,652,000 listed ins the C'RIM
printout. This discrepancy results from rounding errors in the model. In terms of the impact of this
proposed development on the Counter ofAlbemarle's capital costs, GRIM estimated outcome shown
on the following page.
ZMA 0 1 -07
Ausu t 26, 2003
Page Four
Scenario # 2
C 1 impart — Prop, Zoning (OfriciAl Result 1
Schools CF Pay-As--You—Go (0)
schools C'FDebt Service ($1.778,0001
Total Schools CIP lmpact ($1,778,000.)
County CF Pay -As- You -Go (0)
County CF Debt Service ( -$0)
Total Cty. Govt. CJP Impact (0)
Net Annual CIP impact ($1,778,000)
AIWA Hf.'i.;a'. '.
Aaaln, these CTP numbers are included in the total annual expenditures of 56.460,000 shown
previvu5ly, and are presented separately to illustrate the relative magnitude of capital costs_ l .xhtlrlld
prurlx oru that tfle cupiraf casts lr6sed for the proposed profjecl hates been esirmated USIP19 fur irwragy
cosr (r1( ) meihrxiabp a. As y m wmll haw discussed. she rnrpacl of �4lbesnarle Pla cui the Canny+'s
rrivisporiernon infrastructure mighi result in cosix fhat would be capnered batter by a margined cost
( fC) aluilyms than by the AC approach. # haw beery insinicted, honk }tiger, trot to widerrah, a
mrxpewl cmi wialysts at this (rme. A11 r )f the CIP empar fignrc_,; premnred in lhts repurr. eherqfore,
are mtbjew to revision,
ne numbers genertted by the two o iciaf scenarios that I ran indicate that. if the Couaty
approves ZMA 01 -07, the rfifferewial net annuM Gseal impact would be $2,653,000 — $61,000
= $2,592,000. This auwher means that, annually, the County would be $2,592,000 better off
approving ZMA 0 1-07 than denying the proposal.
]Votes.. (1) Although my official analysis suggests that the approval of ZMA 01 -07 would result in
a positive differentia] net amual fiscal impact on the Count}. tivs fact alone does not nemsmilY mean
that, from a fiscal impact viewpoint, ZMA 01 -07 should be approved, since the local mix of
development taking place in Albemarle County in any given year might generate a negative revenue
outcome; and ( ) When deciding whether or not to approve a proposed development, Albemarle
should take into consideration a number of issues other than iiu.c the project's Distal impact These
issues include. but are not necessahly limited to, affordable housing, transportation impacts, and
general environmental well - being.
65
ATTACHMENT N
ZMA 01 -07
August 26, 2003
Page Five
As for the net annual fiscal impact of the maximum new- development that could take place urtder
curreid zoning, the adjuwed average cost version or GRIM estimates that, after build -out. the
following result would occur
Scenario # 3
Fiscal Impact — C:urr. Zoning (Unofficial Result)
Property Taxes $125,000
Other Revenues 537,000
Total Revenues
$662,000
School Expenditures
($335,000)
County Govt. Expenditures
(155,000)
Total Expenditures
($493.400)
Net Annual Fiscal Impact
$169,000
In terms of the annual impact that this development would have on the County's capital costs, the
adjr sled average cast version of CRrM estimates the following numbers
Scenario # 3
IP Impact — CH rr. Zoning (UnofFcial Result)
Schools CF Pay -As- You -Go ($0)
Schools CF Debt Service ($124,000)
Total Schools CIP Impact ($124,000)
County CF Pay -As- You -Co ($0)
County CF Debt Service ($0)
Total ty. Govt. CIP Impact ($0)
Net Annual CIP Impact ($124,000)
i
r
A -rTACHMt NT N
MA 01-07
August 26, 2003
Page Six
Note that these CTP figures are included in the dstW impact numbers fisted on the pre,%+ious (rage (The
124.OW its capital casts is part of the 3493,000 in the estimated total annual expenditures resuitirIL
f orn the development) These C I P numhus are presented separately to hip, hlight the magnitude of
the capital costs that would be associated with such development.
As for the net annual fiscal impact or the development that would take place under the projwxed
zoning, the udjr wed average cost version of CRIM estimates that, after build -out, the following result
would occur
Scenario ,4 4
Fiscal impact - prop. Zoning (Unofficial Result)
Property''axes $1,455,000
Other Revenues 7,142,004
Total revenues $8,597,00
School Expenditures 1$3,494,000)
County Govt. Expenditures (1,3 5,0001
Tarsi Expenditures ($4,59,00{0
Net Annual Fiscal Impact &3.738.000
Please note that this figure of $3,738,000 diners somewhat from the $3,737,{0 listed in the C R I M
printout. This discrepancy results From rounding errors in the model_ to terms of the impact of thi%
proposed development on the County of Albemarle's capital costs, CRJM estimated the outcome
shown on the folioing page.
67
i
MA 0 1 -07
August 26. 2003
Page Seven
Scenario # 4
CIP Impact — Prop. Zoning (Unofficial Result)
Schools CF Pay-As- You -Go ($0)
Schools CF Debt Service ($1,274,004)
Total Schools CIP Impact ($1,274,100)
County CF Pay -As- You -Go ($O)
County C'I+ Debt Service (SO)
Total Cty. Govt. CIP Impact (So)
Net Annual CIP Impact ($1,274,000)
A'rTACHMENT- N
Again, these C[P numbers are included in the total annual expenditures of S4,859, 000 shown
previously, and are presented separately to illustrate the relative magnitude of capital costs.
The nambers generated by the two ungfficial see narios Ihat 1 ran indicate that. iF ti1e County
approves ZMA 01 -07, the sl fferential net annual fiscal impact wo uld be S3,738,0(10 — $169,000
$3,569,000. This nuinber nneans that, annually. the County would be U,569,000 better off
approving ZMA 01 -07 than denying the proposal,
Notes: ([)Although my unofficial analysis suggests that the approval ofA 01 -07 would result
in a positive dif erenti2li net annual fiscal impact on the County, this fact alone does not necessarily
mean, From a fiscal impact vilew point, that ZM A 01-07 should be approved. since the total mix of
development taking place in Albemarle Counter in any given year might generate a negative revenue
outcome, and (2) When deciding whether of not to approve a propoied development. Albemarle
should take into consideration a number of issues other than just the project's fiscal impact These
issues include, but are not necessarily limited to. affordable housing. transportation impacts, and
general environmental well- being.
A1saa
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4MA -U 'T-u7 Albemarle Place ISign L43, 57 BS — Request to rezone 83.7 acres from HC
(Highway Commercial) and L.11 (Light Industry} to NMD (Neighborhood Model District) to allow a
1,8 million square foot mixed -use development. The prnperttes, described as Tax chap 61VU,
Section 3, Parcels 19A, 198, Z3, and 24, are located in the .lack ,loustt Magisterial District at the
comer of Rt. 743 (Hydraulic Road) and Route 29 North, The Comprehensive Plan designates this
property as Regional Service in Neightmrhood 1_ (Michael Barnes)
Mr. Eames summarized the staff report, The applicant subrnitted both the rezoning and the
comprehensive plan} amendment applications back to April 2DO1. The Board approved the
comprehensive plan arnandment in December of last year. The applicant resubmitted the
rezoning application last April_ The applicant has provided an application plan that meets most of
the principles of the comprehensive plan amendment, which is in your packet, as well as the
Neighborhood Model principles. The comprehensive plan map is located behind Mr. Finley and
represents the ground floor and the application plan map represents tyre upper 140ofs cf the
project. The project is a pedestrian friendly mixed -use project that mixes the use both vertically
and horizontally. About 415 of the project's parking is located in structured garages. it provides a
series of intercunneclions with adjacent parcels artd this will allow for the eventual expansion of
Me badge network that Is already found in the project. The other major streets surround the
Hydraulic Block, which is defined by Hydraulic Road on the south, Commonwealth Drive,
Greenbrier Drive to the north and route 22. The major features of the project include a 121 -roam
hole", restaurants, multi - screened cinemas. two-story department stare, a series of smaller retail
stores. several large single -story retail users that includes a grocery store, on- street and
structured parking, public open spaces and between 700 to 800 residenVal units. However, you
may note in the Code that it is 450 dwelling unils, but the applicant projects much higher than that.
The majority of these residential units would be apartments provided aver the top of the retail use_
The applicant's application plan along with the Code of Development was received in your
package thal will more stringently commit the applocant to perform development that they propose.
The Code gives a lot of details, which regulates and actually forms the regulatons for the zoning
district and they will be using it with the application plan. The "Node enumerates the permitted
uses by block acrd regulates the density and the intensity of lhose uses and ensures the mixture of
uses within those blocga. The way that the block plan works is that there are seven blacks (A -G),
which are blocked in three block groups.
The Code also regulates the built form of the protect, the architecture, landscaping them along its
exterior, artscaping which includes things like street lighting, and street desigrns. Staff has
grouped the project's Issues into three major categories. Those were being the design
regulations, which vw ould be the Code, the proffers and the applicath�nl plan, and the transportation
At6EMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 2. 2003 19
ACTION MINUTES - DRAFT
Attavisment i
issues. Staff brought to the Planning Cammission on June b "' for a work session several Issues
that related to the internal design of the project and its layout. As you will recall, they discussed a
lot of things that included the design, changes from the CPA plan, the current plan on Hydraulic
Road, the environmental impacts, and the cap of 70,000 square feet on a single user per floor.
The Commission allowed that to go to 75.000 square feet for a two -story building. Once again,
that is sornethrng that 18 related in the Code of Development. Staff discussed the layout in the
northern third of the site. They discussed the ARB's concerns and staff passed out a handout of
concems that came from the ARB's meeting of today on this pro�ect, They were trying to have
some coordination to try to inWrporate ti,ose thoughts on July 10 into the Code. The Code of
Development has images of buildings in iL Staff is interested in creating a built form that is
successful for pedestrians and it does not create overbearing architecture and breaks up the
fagade and brings quattty architecture, whereas the ARB is going to be concerned over the color
of the bricks and other fine details. The ARB wanted to make sure that it was clearly understood
that the images in the Code would not be considered proffered or something that the applicant
had to follow so that they would have to come back to iiie ARB if they changed certain uses. At
the time the project goes For site plan approval they would still have to get a Certificate of
Appropriateness from the ARE_ Staff wants to make sure that the Commission understands the
points 3 through 6. The ARB basically was saying that they wanted diversity in the architecture
and It needs to have a harmonious theme since diversity could be too much of a good thing.
There were some other comments on the building materials and other things which he had
already discussed with tha applicant this evening of things that he thought they could
accommodate in the Cude without too much input and incorporate the ARB's comments.
In the staff report comments were made about the hardscape concem�; that they had with some
of the language in the Code. Again. relatively minor concems that need same wordsmithing and
the applicant's n"d to make precise locations for hardscape features such as lighting, addnr g
benches. etc. Staff has not had a chance to actually work that out with the applicant. Staff feels
that they are relatively minor and believes that they can came to an agreement on those
outstanding matlers in the Cods.
Staff covered the interior design of the project and the regulation of the project, which was the
Code and the application plan which staff was gg percent comfortable with_ The transportation
issues were primarily dealt with to the proffers. The proffers sort of dealt with about five or six
major areas. The first one is the interparcel connections between their property and surrounding
properties. They are essentially providing interparcel connections of three to four to the Sperry
site, which would complete the grid network that they have been working on getting it Sperry is
ever redeveloped. The other ones extend the other streets, First. Second and Third Striffets, up to
Commonwealth Drive, The other ones are extensions of Cedar Hill through to the Corndial Plant
and an unnamed street over to the Comdial Plant and eventually they see thal extending all the
way over to Greenbrier give, The applicant has either proffered to commit to the interparcel
connections in the future or they are actually offering some money for a connection between this
and Commonwealth Drive if they have some easements provided.
Mr. Rieley asked if that was controlled by the Comdtal property, and Mr. Bames agreed,
Mr_ Bames continued summarizing the staff report. He pointed out that the proffer negottatlons
have been extraordinarily complex_ There are a tot of different concerns involved in these
negatlations. The next point was signallzation on Hydraulic Road at Cedar Hill and again across
from the Post Office on Route 29, There have been questions about getting the right -of -ways and
some right -of -way improvements shat are along in front of the past office. Sorne of the mass will
have to sit over In the City. The improvements in front. of the Posl Office have to be worked out.
These are items that get into a higher degree of engineering and would probably take place at the
time or the site plan. Some of these decisions, staff realizes that it has been pushed off into the
site plan w the appropriate time for the investor to go into final engineering_ Some of the
concerns relate back to VDOT. There is a paragraph in the staff report that meted that MOT is
ALBEMARLE COUNTY PLANNING COh+lMSS1ON — SEPTEMBER 2, 2003 20
ACTION MINUTES - DRAFT
not so sure now whether or not they want this signal here. He rioled that he received an email
from them today that said they wouldn'll make a dectsion on that until the site plant. He noted that
maybe after ttre site was put Into plow.. tderx they will make the clecision whetrrer they want the
stop light to go In OF nol. He stated that the ounly's paint of view and he would let Mr. Graham
speak to that, was that we support the signal and see it as a way of drftusing the traffin as you
move northbound 4n Route 29 and turn Rift into the site. There is one as Greenbrier, in here and
at Hydraulic Toad. He pointed out that staff was waiting for VDOT to make their determinations
on that.
The next area that they had been discussing with the applicant was the long -range solution of the
traffic; in this area. Ont' is the funding. The other component of it is the suggested improvements
thal are corning out of the MPO Task Force for Route 29. The monetary ones the applicant is
proffering to just make a ODD, for the conimerciat properties. There is some confusion and some
clanty that still needs to be worked out between the County Attorney's Office and the applicant's
proffer and exactly how thal can be done_ Basically the CDA taxes a parcel or parcels acid in the
Hollymead one the Board more or less was targetirig the commercial one. The question is if you
have a parcel that has mixed verticals and try to tax that parcel just on its cornmerciat and not trie
residenttal portions, how do you do that. That is sense of the legal stuff lt)eil they need to work
through, which has been slow in being resolved_ Staff does riot know at what point that they could
get the Planning Commission's input or if it is necessary for their rnpul on the more teohrncal
aspects like that
Then the applicants must provide a contribution on a per unit bans for heir residential use for
long -terra road improvements andlor other capital improvements such as improvements to green
spaces or purchase of green spaces. He noted that was 52,004 per atilt_ At the tow end range of
450 units would be about $900,000. He stated that the high range was about 1-6 miilion. Those
manies, the CDA and the res0enlial one, wouti; go towards paying for a portion of these longer -
range improvements. The second thing was actually providing the right -of -way. In Attachment L
on page 60 of the packet you can see that the darker lines and the red lines represeri, Route 29
and the IMPO study. The preliminary study was based on a weeklong work session. The concept
design has two roundabouts with the grade intersection ar the iniersection of Hydraulic and Route
29 with Hydraulic Road going under and two roundabouts on either sides of Route 29 That
project moves significantly into this project. The proffers are being worked on The County out
right would dedicate area A as shown in yellow, which was something that the applicant wants to
put a sunset clause on it. Area B is another area that would allow for the MPO design to be put
into the place. There has been, considerable discussion on Crow that MPU design needs to be
refined and that lime clearly defined or potentially the IAPO design will work into something else
Mat uses less right -of -way. The purpose of tree B zone (shown in blue) is that the applicant really
has two choices. The first was to wait until this has been resolved. which could take a year or
snare, yr reserve that SreeL and once they have that nailed dawn, they would dedicate the
remainder of Area D as necessary. He pointed out that possibly none of that area would be
necessary. This would allow Lis some tirne to work on that solution.
The final thing, whiob he refers to as the Eland -Aid solution, was far the interim Improvements to
keep Hydraulic RoadlRcule 29 functioning until they get to the final solution Those are provided
in your packet in Attachment J on page 5S_ In that diagram you can see in green and yellow what
they were talking about as the interim solutions_ The yellow portion displays what would ultimately
be put in if VD0T u[timately allows the signal_ The portion in green is rornewhat complicated
because some of them are Inratud on the applicant's property and somo arc not. The ones to
front of the Corridial and the Sperry plant are potentially a right -turn lane on the soulhbound of
Route 29. There appears to be enough right -of -way to accornmodate twat, but it was not
completely clear. A more problematic. one is when you get down to the corner of Hydraulic aria
where the Seven - Eleven Store is located. This plan is proposMg at the end of Hydraulic on the
western side of that inter5attion another left tum Iane out of Hydraulic to the northbound 0r1 Route
29 and then another right turn lame on Hydraulic_ There is a question whether there is enough
roam there. It is something that they are trying to work through. The applicant is Offering some of
ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 2.2003 21
ACTION MINUTES - DRAF=T
the rnvney that comes from their per unit contribution to go towards the purchase of right -01-way.
That would be through cDridernnation that VDOT or the County wouJd undertake to make these
improvements- He noted that was a big step for the County to do something like that to condemn
the land for improvements ror a development. Some of the ones ort the North bound lane an
Route 29 are in the Clty and it was not clear at all whether the City is interested in those tyjies of
improvemerts. The ones that are on their frontage, they will provide- The ones that are not on
their frontage but in the County, they will provide or perhaps the proffers will provide money for the
condemnation of right-of-way for thusp- improvements. Than the ones on the City side they will
provide if the City wlII allow them to provide, The final set of proffers deal with a side issue here
that has been before the Commission which is the impact of the Meadows neighborhood to the
south - There is a list of improvements that the City thought would bH� necessary to help mitigate
the Impacts of their neighborhoods. Staff has talked vw+ilh the applicant about providing a median
on Hydrauk Road that would prevent through movement from the project site south Into the
neighborhood at Ceder Hill. The applicant has proffered S10,000 for traffic improvements in the
City to provide a combination of speed bumps and stop signs. In sorne respects. he thought that
the City's figure game out to $50,000- Staff was figuring that the 510,000 plus the turnrng
movement conlrols corning out of the site will reset them half way with respect to some of the
other developrneni that was going on In that neighborhood on the City side. That basically covers
most of the proffers. The County staff believes that this application meets the goals set forth In the
CPA and actually represents one of the stronger proposals that they have seen to date that
showed the commercial, mixed use and very urbanized project to be put Into place and it meets
the Neighborhood Model- Staff is still working on the proffers and there is a lot of work to be done
on that. The issues that need to be discussed are on the table at least and staff is working wNh
Me applicant to do that, The other conceals staff has with the Development Code are natively
minor and he thought that a lot of the wordsmith ing could be nailed clown. The applicant has been
#dicing about the timetable that they are on and the time restraints that they are under. Staff Is
trying to work to bring the best product that they can to the County-
Mr. Rieley asked if there were any questions for Mr. Sautes
Mr- Craddock asked if the median nut an Route 29 into the gateway was proposed or was that a
stopliaht-
Mr. Barnes stated that was an idea that had been pushed around - As you recall back during the
CPA plan, they extended their maim street straight down to Route 29 and they split the two
entrances that were on the other side of the City. He pointed out that they doglegged that last bit
of the road through there and limed it up with Sand Road on the other side, What Mat Wou Id allow
for was a signal in the future. but was not being proposed, at this time -
Mr. Rieley stated that the Planning District Cornmlttee showed an underpass at that location. He
asked if the grades would work so that would be a possibility.
Mr. Sames pointed out that was the next one up- There was a grade separation and a
roundabout going under Route 29 and popping up.
Mr, Rietey stated that he had beer) corrected He asked If there were other questions,
Mr. Thomas asked if the applicant has defined to the satisfaction of the Planning Director or has
the applicant proven lhal the hardscape design would be adequate.
Mr- Barnes stated that on a big project like tt'tis you have a lot of Input and are under a deadline.
There was still Internal debate from staff about hcoN best that they could use sortme of the Ian guage
to explain those features such as lighting and benches. They were working on setting forth
guidelines so that when someone applies for a site plan they would be able to look at it and know
what they are suppose to see on that plan.
ALB E MARL E COU NTY PLANNING COMMISSI0N — 5EPT1=MBER 2. 2003 2
ACTION MINUTES - DRAFT
Mr. Thorn as asked if he fell confidantly that Ihey could adequately snovw that big irnprovement
Mr_ Barnes stated that ho had not had a chance to discuss that with the applicant. but he felt that
they were relatively minor in the grand scheme of things
Mr. Loewenstein asked about ttke hardscape details_ He asked if staff was closer to achieving
that than they were at the time that the $tat` reperl was written.
Mr. Barnes slated that on page 17 of the Code, the first paragraph they were talking about a
hierarchy of lighting The direction coming out of their group was that they would not be befkning
exactly what a hierarchy is. He felt that they were clear in its definition_ He noted that they would
ask fvf a bare bones condition that they should meet the Aibernarle County Lighting Ordinance.
Mr_ Rietey asked if staff had a list of these treat they could go over later. It seems that It would be
helpful if they could either endorse or take issue with the staff's reuommendation on these things
so that Ihey could pass them on to the Board.
Mr. Barnes states that this was where the fork to the road carries. Hu suggested that the
Commission view these things as rninor and let staff handle them. He stated that there were
things to be taken care of and then staff could bring these books and the minor things on a punch
list for you to incorporate.. He stated that he did not have a list of those Ihing's orne of tree ilems
are from the ARB and include minor editiric suggP.St ion S_
Mr. Rieley slated Ihat staff rigs convinced hire that they don't want to go there.
Mr. Finley staled that under the Regional Transportation Study, would vau rather have full cash
than something else.
Mr. Barnes. stated that they had been worming on spiittiflg the amount into thirds wilt one -third
corning from the Iacal jurisdiction, one -third from the private sector and then you take that
$300.000 and split that again into three parts with one for Hollyme2d, one for North Pointe and
one for this area. That world result in this project being $110.000. Staff has approached the
applicant wish that amount and what they have offered to do is to give one -third of that in cash and
the balance in design services. The study came up with a conceptual plan under Phase 1. Phase
7 will be a process when Ihey go Ihrough and refine that even further and come up with one or Iwo
designs that they actually want to propose to be more definitive. Staff's strategy as to nail down
where that definite area is by basically doing an engineering study that would define the right -of-
way_ That document ccuId than be incorporated into the Comprah ansive Plan using the official
map enabling legislation. The applicant wants to give $33,000 for Phase 2 study and then they will
do the $ngineering and take that c*nceptual design on to the official map Stage for their engineer
drawings. Staff has some reservation about the applicant being the one who doss the design.
There are certain positives and negatives to that. Staff has said that if they were going to give
some type of contributions, then why don't they make that a cash contribution
Mr. Gilimberg stated that in reality in working wilh a case Ilke this there is going to be a contract
using State money. Under the State procurement requirement with a consultant for the study of
this 29 Corridor. Ihey will be able to add to add on to that contract. He pointed out that they were
trying to keep tt as local as possible in terms of the control and the actual tracking_ What is the
ettort of the PIanning DisINct and MPG now to do that in the seound phase so that it is really being
scoped locally to be contracted with local control, but there is going to be State money in the
project of $250,000 for the upcoming fiscal year. The monies that they will be able to add to can
expand the scope of the work that is done. But adding in another consultant will riot be something
that is reasonable under that kind of setup
Mr_ Rieley stated Thal he agreed with that with the caveat that it was locally controlled and
contracted.
ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 2r 2003 23
ACTION MINUTES - DRAFT
Mr, Finlay asked about the trolley because the staff repoet stated that a tremendous amount of
work would be required by the County to establish the service He asked V that would be in the
milt some time soon.
Mr. Barnes stated that it-was something that our staff, Juan Wade, Transportation Planner, was
working on to try to raid if there was any way that they could supptemen! this thing and get transit
going into this area, maybe even if it was supported by the private seclor. He stateo that it would
help circulate shoppers and reduce the traffic impact. He stated that there might not be enough
interesl out there, and if not then it will net go anywhere.
Mr. Cilimberg staled that ultimately it woad be with CPS who already provides public
Lransportation to provide transportation setvice through contracting in the County.
Mr. Finley asked about the cash proffer for capital improvements and if staff was saying that they
don't want $2.000 per buildino permit, but want it all up front. He asked if that was what r1appene0
at HolIyrnead.
Mr. Barnes stated that at Holtyrnead they estimated how many residential units were in there and
the dollar figure was closer to 53,000. But what they ended up doing was saying give us 1/2 of the
funds up front now and then after that it is a pro -rata share for each unit coming for the building
permit. This would take away their disincentive if they did not build out their total number of units
and save in the end by not putting those in_ Secondly, it enables some of that money from the
front load to take care of some the impacts that are going to be generated by the project in its
early phases.
Mr. Cilimberg slated that as they ftcussed the dollars with the two rexoni;-rgs that were offering
cash proffers for Hollymead Town Center Areas G & Q, which were residential areas that were not
to be covered by the CDA, they worked along the lines of a per unit cash proffer_ Then there ware
questions of whether of riot it was enough. What the applicants actually came up with was the
idea of simply figuring out the cash that they were willing to put up for the capital improvements
associated with their projects_ In both cases they proffered 1/2 of that cash that they were willing to
put up front and the other half to be paid based on the development of the units with a horizon
date out there that it would be paid by. He noted that was essentially the way that was done_
Mr. Thomas asked if the per unit cost was 53,000-
Mr. Cilrmberg staled that the per unit cost could not be determined because they have not
determined the exact number of units_ Therefore, they essentially proffered a dollar amount and
not per unit. It world depend on how many units they actually develop as to what that amount
would be.
Mr. Finley stated that they wanted to proffer Area A and sorne of Area B and you say That you
anl. it for tan years only. He asked if anything is going to happen within ten years.
Mr. Barnes state# that they were dealing with several different Issues. The first one is how much
right -of -way are they gorng to give you For Ilse ultimate improvements and haw much right -of -way
are you going to need for your interim Improvements, The Seven Eleven Mote would be a factor
in both cases. For an interim one. If you need to put in another left turn Sane and a right turn lane
afound the corner. it will be tight in there. He pointed out if they maven into Seven Eleven's
parking lot then they might end up having to take the whole business. That is the condemnation
angle of it.
Mr. Rieley stated that was just for the short term.
ALBEMA LE COUNTY PLANNING COMMISSION -- SEPTEMBER 2, 2003 24
ACTION MINUTES - DRAFT
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scoped right now_ Then S67,000 of It would go to an owner provided effart that would assure us
that ire fact 1hat our site with a proper right -af -way to: a regional interchange at that location could
in fact work with the proposal for an interchange He stated that he has talked with very few
people who know anything about transportation that will put their thumbprint on the double
roundabout idea, although their don't feel tha; either at the County or the VDOT level that anyone
is in the position to reject that now. What they were in a catch -22 an Is that the land that they were
reserving has high economic value to it, They would like to work as heartily as they can in concert
with the MPO study to which they will contribute $33,000 in cash. Sul it was going to take about a
,70,000 project to ascertaln the grading and the utilities and the precise right-of-way alignment,
which would be sufficient to compliment that study. That would allow you 10 in rant adopt an
official reap to take the actual right -cf -way that would be required to implement that interchange.
At some point in time or another somebody has to grab the right -of -way. What they were
proposing was that they would work parallel with and adjunct to the MPO study as they attempt to
refine their design for this interchange and whateVeT else they were intending to do. But our level
of confidence based on what they have seen produced to date by the MPO and what they have
tried to carefully arnalysis ul an unbiased way that tCMey could do it, whiW was not totally unblased
He stated tnat he has little canfadence that their study will be scoped to give you the right- of -way iO
adopt an official map for what you need in The County to compliment wrhai the City needs to take
and adapt ors the City side. He slated that was the reason for the unkind pl.ece. They were doing
it to protect themselves and also la accelerate the process of us all understanding " particular
land that is going to be needed for the improvement. Obviously, they would ilke to get affirmation
from those who vrrll not speak in public as to the unfeasibility of the MPO proposal that is aver
your left shoulder, but he thought during that process that it could be none. He felt that their
proffers were thorough During the next period of work sessions as they move on towards the
affirmation from the Board, he hoped that the issue of hardscape was one that lheir cast
Consultants have put a number on. They have at}aut 2 1/a million dollars in benchers and Specialty
street lighting, specialty pavers, gazebos and fountains and things of that sort trot are already in
our project budget. They have worked through a number of value engineering efforts as they have
gone along, In as much that they have not been totally successful in coming up with a definition in
a numerical quantification. of what hardscape is for a proffer, he could assure you that the
applicant and the applicant's architecls understand the importance of hardscape in a new
urbanism proposal. They llke the idea of being able to participate in a CDA He encouraged the
Commission to move this forward to the Board so that they would have toe opportunity to begin
the project in early spring.
Mr. Rieley asked if there were any questions for Mr. Cox There being mane, he asked that tray
Slaughter come forward to speak-
Kay Slaughter, representative for the Southern Environmental Law CeTiter, commended staff and
the applicant for the work that has been One on thips project and the applicant's willingness to be
part of the solution to trome of the transportation problems. Our biggest Mir' m, however,
remains that there are so many projects occurring along Route 25 North that you are looking at
them separately, but cumulatively there are a lot of impacls. Without Alberriarle Place. the
intersection at Hydratullcl250 and Hydraulii:M are going to experience unsatisfactory levels of
service by 2DM . With the improvements proffered in * 7 and # S. the intersection is still going to
fail in the level of service. They are Concerned that the traffic modeling does not considar the
"downstream" Impacts of the recently approved Holtymead Town Center and North Pointe now
under consideration_ Muth of the interconnectedness of the grid system within Albemarle Place,
while commendable. will depend on future development of the Oomdial site and the
redevelopment of Cornmonwealtm Avenue in order to make the connectlans. But to help with the
transportation problems, we recommend that the Planning Commission make several changes to
the proffers and the reporls before moving this rezoning to the Board of Supervisors. First. they
would recommend that the proffers specifically state that any light or medlar cut at Fourth Street.
if approved by VIDOT, be temporary Mantis a connectiDn at Seminole Square light could be made ire
the future_ Because of tie increased transit can help millgate traffic Impacts, the proffer for a
shuttle servica is especially commendable_ As Mr- Finley rioted and the staff advised, the County
ALBEMARLE COUNTY PLAN NIN G 0OMMIS [ON — SEPTEMBER 2, 2003 26
ACTION MINUTES - DRAFT
would need to do a signiFicani amount of work to establish trove service. They would recocnmend
that the Planning twommission ask that information on the total cost of the shuttle be part of the
report to the Supervisors, and she was sure that CTS could provide this A related issue rs
whether not bus and transit centers 8-id parking for such would be provided within the site. They
applaud Albemarle Place for its agreement to contribute to th8 MPO Task f=orce Study of
HydraulFU291250 bypass However, they agree witlh the staff and Mr_ Finle s question Mat the
larger caste proffer of 5100,000 to this body should be included rnstead of the in -kind services_
Likewise, they appreciate the proffer of the land for the inlersectinn right -Of -way, but agree witrti
the staff recommendation that the requirement of construction within ten years be Struck.
Hopefully the project will be constructed within this tirne_ They remain concerned that no
mitigation t}as been identified for the elimination of the two head water streams o. the Meadow
Creek which runs through a residential neighborhood and into the Rivanna. Although the project is
before the Corps of Engineers and DEQ, they are Iikely to require only monetary contributions to a
fund that will not be spent in the watersheds of Meadow Creek or Rrvanna. The County's fiscal
analysis oughl to be amended to reflect all the costs of the project to the County, inquiring storm
water impacts, transportation costs, sludy and Construction of intersection improvements at
2911riydrautic and H draulic1250 and capitatloperatrng costs for a shuttle service.
Mr. Rieley asked if there were any questions for ohs. Slaughter. He asked if anyone else would
like to address this application.
Dale Chadwick, resident of 101 IrtiroIewood Court, staled that he Ilved just South of the project in
the County. He stated that he had great concern that they were talking about the passibility of Ian
year$ of bad roads m his neighborhood in trying to gel out onto Hydraulic and Route 9_ He
hoped that the Commission would take strong consideration to make sure that the transportatGon
issue there is rescived before you approve this project,
Mr. Rieley asked it anyone else would like to address this application, There being none, he
closed the public heafing to bring the matter back to the Commission.
Mr. Kamptner stated that before the Commission starts discuss{nro this, he did not know if Mr.
Graham would like to speak, but they did spend some time working on the proffers today. He
stated that it might be helpful to tell you where they were_ He pointed out that the proffers were in
the staff report beginning cri. page 29. Beginning with proffer # 2 with respect to the community
development aulhonty, the most substantive change that they would like to see happen to that
world be that the scope of the CDA that they are proffering would be expanded so chat tI would
include. but not be limited to, the area of Route 29 between Greenbrier Drive and the by -pass. As
you may recall the Hollyrnead Town Center proffers allowed for more than just the linear
improvements right along Route 29, but expanded outward into more of regional approach. They
also recommend that the last paragraph of proffer 0 2 be deleted sync* that was not a proffer He
asked that the last sentence in the second paragraph be stricken since it limits the DA's
application, only to cemmarcial parcels. That will ultimately be a decision of the Board as to which
properties are ultimately included In the Community Development Authority. For proffer # 3, it was
Weir mcornmendation that the inkind services be stricken from the proffer. They have several
concerns. One is simply that cash is more appropriale in lieu of the services because of tine
procurement requirement th al exists under State law. Also they don't lhink that these kinds of
services are bi:tually a proffer, The applicant is free to submit a proposal for an cfficial map and
have staff consider It. But for the applicant to step into the shoes of the County's consultants. they
feel that there needs to be some separation between who is providing the services_ With respect
to proffer 9 4 dealing with the City's traffic calming measures, there has been some discussion
about the amount. He noted that he would not discuss that, but that the Janguage itself leaves It
open that the design cost could exceed $10,000 and that would sawify the proffer without any
traffic calming measures being pint into place. He pointed out that their recommendation would be
a simpier proffer of cash to the City to be applied for traffic cairnrng measures rn a designated
area If the City does not use the money within a reasonable period of time, ten years or
whatever, the money would be returned to the owners_ The jitney service really just needs some
ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 2. 2003 27
ACTION MINUTE - DRAFT
language changes. What they were really looking at was up to $20,000 par year or 20 percent of
Jitney setvice's operating costs not to exceed $20.000 a year for a fwe year period. The} were still
wurXing out when that period would start and understanding the signlficance of this January 1,
2007 date_ With respect to proffer # B, there were a couple of things that they Wan led to point out.
First, this was differeni Ihan tha areas In Hol.lymead Town Center where they proffered lurrrp sum
cash payment with one -half of the amount tip front with one -half being paid on a more pro -rated
I axis as the final site plans were approved. The ollier difference veers that the value of #his cash
proffer can go away, as the applicant has noted, depending Upon~ the amount that is needed to
require off -sire right -ol -way- It may be that the expenses that may be JncUrred in proffer # 8 will
make this proffer completely go away_ The other thing was that this proffer has no escalator
clause for inflation as the years go by Prpffer # 7 needs some wordsmithing in the first paragraph
that they could work out. The second paragraph there had some uncertainly as to whether or not
this needs to be proffered or if It is a proffer_ foes the County care when their plans are actually
submitted. Proffer # 8 is probably the one that is most unresolved in understanding how It was
going to work. One way that the County looks al it was if this was obligating the County to acquire
this off -site rfaht -of -Way, which greatly exceeds $500,000- The S500,U00 was just for the land
acquisition and there was nothing that addresses the engineering design, attorney's fees and
whether or not the Board wants to do that. The Board's policy up until now was [hat they don't
aggressively pursue condemnation of land,
Mr. Rieley asked If staff has an opinion about what they number should be?
Mr. Kamptner staled that the County Attorney .,j Office does riot.
Mr_ Graham, Director of Engineering. stated that the bottom line answer is lnat they don't. Staff
has debated and talked about it quite a bit_ The issue is that they were really trying to find equity
with the other major rezonings that have been going through with Hollyrnead being the first_ What
they have done in that case was that the off -site improvements that had to be prowded were given
by the applicant without any stipulation about reimbursement through the offers that they have
made on the per unit residential. It really was a question of are we really providing equity 1}etwaen
lhess developers, which Was something that they always seemed to get concerned atmull. The
applicants were concerned ff A was getting ahead of B or getbng a market advantage. Therefure,
staff was really trying to take that interest to heart to make sure that these things are being fairly
consistent as they go through from development to development.
Mr RieI$y asked It there was a parallel at HolIymead in whla off -site land had to be acquired.
Mr. Graham stated that it did not appear that off -site [and had to be acquired for Hallyrnead. but
was still questionable whether off -site land needs to be acquired for this orie. The one situation
that they were struggling with the most Is the Sevf-n,Elevrrn More located an the corner. There
was an extensive meeting in Culpeper a week ago Friday with VQDT. It appears that dawn in
front of the Corndial and the Sperry property that they were probably okay and can probably fit
things in_ Across the street in the City there are some City's properties in front of the Impart Car
Store and along Route 29 where there was some question on Whether those improvements were
really necessary_ Those impre verrieriis would be appropriate and help address the traffic; impacts.
Then the question becwnes wtiat happens because the County has no rights of condemnation
[here because it is in the City and what happens if the [City shoos nol to exercise its rignts of
condemnation. Staff does not want to put this applicant In the position where they have a proffer
that says that they have to do something that would be nice to have, but it was not absolutely
essential and than have their hands tied.
Mr. Rieley stated that the big issue was the double left at the Seven- Eleven More_
Mr. Graham pointed out that staff was still working with VDOT because there are a number of
alternatives being considered. He painted out that these issues might not all get worked out until
they get Into the site plan process to find what the ultimate short -term solution was going to be.
ALBEMARLE COUNTY PLANNING COMMISSION - SEPTEMBER 2. 2003 28
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Mr. Rieley asked haw you could draft the proffers at the rezoning- level wrien you don't have
enough details.
Mr, Grattiem stated that he did not think that you could to be honest. He stated that was one of
the things that they were proffering was the improvements that need to take plane. If there was a
need to condemn land, then that was something that would have to be worked out. He Dointo
out tria4 Mr K.amptner could correct him, but he had seem nothing here that obligates the Board to
condemn land.
Mr. Kamptner stated that all of the off -site irnprovements are tied to the bounty doing certain
things and ,part of that could be addressed by revising the language of the proffer
Mr. Graham painted out that Ihere was still a lot tp be worked ant in that regard.
Mr. Edgerton stated that Mr_ Graham mentioned that there might not he a need to acquire Iand
because of the uncertainty of INS transpariation resolution. He pointed out there were severa,
connections proposed that would require the acquisition of Jaod or an easement across that land.
One of those proposed connections went through the Comdial property. In addition, there were
as many as three connections proposed going up to Commonwealth Drive, whkch would probably
include taking nut a few of those residential units_ As he reads the proffers, the applicant is willing
to worm with the County on that as land as it does not cost them anything. He pointed out that the
only way to do that would be through condemnation, which would cost the County something
unless he was mistaken_
Mr Barnes stated That there was certainly a lot of condemnalion that may or may not have to
happen at the corner of Route Sfliydraulic Road, That comer nas always been the hat spot.
The townhomes that are along Commonwealth Drive would be opening up the possibilities in the
future if that redeveloped. He stated that he [lid not trunk anybody sees those being punched
through at this time, but it was a redevelopment opportunity. Regarding the proposed connections
at the Cordial Plant. they have a rezoning application in for that property npw Therefore, that
option may be feasible_
Mr. Edgerton states that he would hate for the County to be in a position to have to negotiate with
the developer of that property to grant this easement because we were counting can that easement
being granted_ He pointed out that he was spi cOiralty speaking about the one gong from the
northwest corner to Gommonwealttt Drive that has been there all along.
Mr. Barnes stated that there was no doubt that on one level they were trying to get all of this mfill
development tied together, which was not the neatest thing to do. He stated that Mr. Edgerton
was correct that the applicant has made a proffer that says that they will build a two -lane road and
provide a sidewalk on the south side of that if they have the easement.
Mr Edgerton stated that he was Surprised to fiirrd out that the applicant did not have that
easement when the owner of Comdial carne to and told them. He noted that the applicant has
been assuring the Cammisslon all along that the connection was gyring to be made_
Mr. Cox stated that he dill nos know whefe he got that informabon because it was certainly not
true_
Mr, Rieley asked if there were other changes For Mr- Graham.
Mr. Graham asked if they would like to continue on with the proffers
Mr. Rieley stated that they would,
ALBEMARLE COUNTY PLANNING COMMISSION - SEPTEMBER 2, 2003 29
ACTION MINUTE - DRAFT
Mr. Kamptner siate6 ttrat for proffer # g there was one other solution, but the uncertainty of who!
was going to happen a, Area A migN be that the applicaw simply reserves all of the` land_ Thai
would allow therm to ronfinue to maintain it and to do certain things. The dedication would be
upon the request of the County at a certain time if the plans were speoifir- enough for a dedication
to be requested.
Mr. Rielay asked if that wou Id be for A plus B.
Mr. Barnes stated that It wouIo be Just for A sIraighi out.
Mr. Kam ptner stated that it WGU1 C be A or A plus S.
Mr. Barnes stated that he thought whal Mr. Kamptner was Trying to say was that it was on A. He
statea lei's say that the deVeloper says that he was pus: going to reserve it until such time in the
future tnat They want to take the land and have it In the meantime they could put a temporary
parking Tot on there or have it as green space anti maintain it. That is one of the items being
discussed among she many here.
Mr. Rieley stated that clearly the MIDI proposal requires B as well as A.
Mr. Barnes agreec.
Mr. Risley stated that the only public plan that they had on record was the one that They should
use a5 a model,
Mr. Barnes painted oul that was kind of where their logic stands fight now with the A and the 13
portion of it. He noted than he had treed to stay fociiSed on the bigger issues tiere.
Mr. Kam pin er stated that proffer # 10 had same similar issues that he would not go into because
they were more language related. He asked W. Grahasm if he had any corn rnents about proffer #
11.
Mr_ Graham stated no because he thought that they rmuld live with shat one
Mr. Karn ptner pointed out that there was just Borne language changes.
Mr. Rieley asked if there were just some minor language changes in proffer # 10.
Mr. Kamptner stated that was correct.
Mr_ Graham stated that the one thing that they had said about proffer # 12 was that both the
County Attorney and staff was saying that they would like to strike the designation that It was
necessarily a private facility since it might very well be public_ He noted that they did not see a
need or ar) appropriateness to limit us to it being only a private connection at this point
Mr, Citimberg stated that regarding proffer # 12 from the staff's standpoint, thi3y had looked at that
as an opportunity where there would be a contribulion towards a connection, They had not
anticipated that connector, was a given_ It was riot in (he same status as the improvements that
they fell needed to be proffered slang Hydraulic and Route 29 as part of the development of IN$
project_ That is from the staff's standpoint, but there may be other Commissioners that may have
understood it differently.
Mr, Rieley stated Ihat the current staff recommendation wa$ to strike private and otherwise that
stands.
Mr_ Graham stated ttrat was correct.
ALBEMARLE COUNTY PLANNING COMMISSION R SEPTEMBER 2, 2003 34
ACTION MINUTES - DRAFT
Mr. Kamptrtcr stated that the second paragraph of proffer # 12 just deeds to be nailed down as to
whu does what and when dealing with these various acts and the deadlines that are in place He
pointed out that those could be worked out. He askw Mr. Graham If he had any comments on
proffer# 13.
Mr. Graham Stated that proffer # 13 was okay with #hem since it was jus; sort of a long range wish
list item thw they would like to have the at)0iy to make a connection there if the opportunity arises
in the future_
Mr. Kamptner stated that they recorrtmended tinat proffer # 14 be deleled.
Mr_ raharrti pointed out tha! was an Issue to be resolved at the urine the site plan or subdivision.
If the applicant came in for private streets, then staff could handle that through conditions of
upgrading the priivate streets.
Mr. Cilimberg stated that the reality is that was a decision Wat you make and was not a proffer_
Mr. Rieley Stated that he would like to ask a question that may be a saa plan level question or it
may be something that they should go on record about at this stage. In looking at the plans it is
hard to tell what the grades are, txut it looked like In a couple of places there alight nave to be
some really substantial retaining walls. He asked if that was something that they can address
later because he was concerned about it both on the aesthetic grounds and on the grounds of
safety. He pointed out that it looked like there were places like at Monticello Nigh School where
they required a nuge grade change. He suggested that it be tiered retaining walls. He asked if
there was a regulation tha3 covers that so that rre does not need to worry about it. He asked if It
was sornethtng that Could be dealt wArl at the Site plan level or is It sor>rlelhirlg that they should on
record about now.
Mr. Graham stated that the retaining walls were something that they could definllely handle at the
site plan level since they have standing policies on thel to handle all of the Safety iss>aes.
Mr. Barnes asked to pick up on that point a little bit_ He pointed out Ihat was something that they
have been pushing with the applicant for a long time In the Code of Development there is a
grading plan right after page 26 which was very small and hard to Feat;. He painted out that there
were some big retaining walls in there. The biggest retaining watt In there was at the
southwestern corner of Hydraulic and backed up to the Village Green Shopping Cenler. There
was a significant grade change coming up Route 29 and movrng along Hydraulic. He pointed out
that Hydraulic was even steeper in Ghat portion back there after Inglewood Drive, With the big
building footprints and the grades being stepped up as you move back on the site, by the time you
get there you have a 304 oat retaining wall, He noted that it was net visible from the road because
it was facing away from the road and dropping away from it.
Mr. Rieley stated that it retains only on the down side.
Mr_ Barnes stated that they could landscape the backside of it_
Mr. Graham stated that It was essentially a hidden wall.
Mr Barnes pointed out that you would be able to see it from the parking Jot behind the movie
theatre that was an the second floor_
Mr Rieley slated that the retaining wall would turn Lhe corner along the GreBnnrier s;de and go
behind the shopping center.
ALBEMARLE COUNTY PLANK NG COMMISSION — SEPTEMBER 2, 2003 3
ACTION MINUTES - DRAFT
Mr Barries stated that the retaining wall would nave a visuai impaci anC gnat the Commission's
guidance would be appreciated.
Mr Rieley stated that he did not think ii was a killer issue, but he feet that it was something that he
would not tike their a0rt n tonight to preclude further work on that to make it better
Mr Graham stated That the comparable site that he though, of was the site same of the
Commiss.ioners sew in West Palm Beach al the backsEde of the grocery store where they read
tucked the grocery store parking in. He felt that it would be somewhat similar to that situation.
Personally, he fel; that one worked fairly well. He noted that it was not that the people driving
down the streel are tooting at a 30 -foot wall slaring them to tfre face since he felt that it was the
opposite.
Mr Barnes pointed out that there were other retaining walls localad on this site that were facing
away from the townhouses as well as in other locationS, whECh was why staff has been working
with that language. He stated that the lownnouses would be Jooking at the watts. Staff has
suggested some planhngs and trees to be provides to soften the wall. There is language in the
Code of Development that addresses that
Mr Rieley asked if they need to add some language to provide some Ilexibklity to be able to work
with this because it was a pretty specific Plan thaE they were adopting_ He pointed out that it
appeared that was an issue that needs some additional work and he dirk not want their action to
preclude continued work art it.
it+tr. Barnes staled that tie would defer to the applicant to speak to the way that they want to tackle
it and what other ways that they Could meat with staff half way.
Mr. Rieley asked Mr. Graham if they adopt this without any qualifying language, would they still
have some flexibility j deal with those issues at the site plan stage_ He suggested that instead of
having one huge retaining wall that it be broken into sections which would address both the
aesthetic and safer issues.
Mr. Graham stated that he could speak Pretty firmly on the safety issues, but Lie aesthatECS was a
littler harder to regulate at the site plan level If there were specific aesthetic concerns, than they
need to be addressed now_
Mr_ Cillmberg stated lhat the reality is that if you don't have it as firEe tuned grading in the site's
dtweJopmenl it might not be known until this gets into the site plan stage. They do knovi at tuts
point that those wails are making up the grade and the only other way to m a k 9 those walls shorter
is to make up the grade through the site as you go back towards it.
Mr_ Rieley stated that he was not suggesting anylh4mg quite that radical.
Mr Cilirnberg stated shat to break the wall into sections would mean that you are working the
Other way and you are beginning to af#ec: the design in the easterly direction. He rioted that how
that works for them he was not surf; and he did not know exactly haw this Corse could be
converted to dent wish that.
Mr. Riatey stated that they were not going to be able to solve this tonight, but they might want to
add a condition treat leaves the issue opera at the site plan level.
Mr. Cilimberg suggested that they include sometrimg as part of their action so that staff could
work on getting that done before the Board meeting.
Mr. Barnes directed the Commission to page 26 of the Code where there was a section on
grading. In the second paragraph it speaks to retaining walls that are along the Entrance
ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 2, 2003 32
ACTION MINUTE - ORAFT
Ccrridor He noted f1ivii it speaks to the Visual impact of Me retaining walls planned on the western
end of the prtaperly adjacent to tree duplex residences on Cornmonwealth. The Oode states shat it
wall be miligated by appropriate plantscaped trees and shrubs He suggested that they might wane
lo add to the extent possible or maybe shall be broken up so nos to be over X number of feet in
height. He slated #hat the Commission has same flexibility to do that. He stated that the grading
plan shown on the next page shows Area E in the lowri home area. He noted that they aitber
have to move the wall forward or ge; some type 4f grading easement from the properties behind
it. Density can be sacrificed one way by reducing the impact of the wall
Mr. Rieley suggested that they add some language Inat allows staff to keep working on it since
they cannot solve the issue tonkgrnt.
Mr Barnes scaled that they would add something about the square feet and to work on the wall to
try to get that poina clearly noted.
Mr. Rieley slated that sounded like a good way to handle it.
Mr. Kampiner staled that the County Attorney's office anij the development departments will be
working together to put together a comprehensive set of comments for the proffers raising all of
those Issues.
Mr Rietey stated than one of the issues that Ms. Slaughter raEsed was one that they have talked
abovi before that because of the fact that they would be piping two streams that they should be
going beyond the minimum site plan requirements for water retention, delention and quality. He
asked talc. Graham if he was comfortable that they were where they would be allowed to do that or
should they add language to their action tonight that strengthens their capacity to do Viat.
Mr. Graham stated that ill was one of those tMngs that he appreciates the concern that Ms.
Slaughter has expressed and actually shares quite a bit of it. He stated that he found it a little
frusiraling that the applicant was being essentially required to pay into a fund that we as the iocat
govemment have no say in how and where the State and Federal government are going to use
that fund, tike her he would like to see that money bung applied somewhere far the Meadow
Creek drainage, but they have no say in that. At that point. he noted some reservatIDnS about
now much above the ordinance requirements that they would ask the applicant to do as well as
paying into some fund. He slated that he was not comfortable in asking them to do a
considerable amount more_ With that said, there are srte measures Mal staff Would like to see.
There are a number of innovative BfVIi''s that can be incorporated into this type of design fairly
easily. Staff is certainly hopeful tha: the applicant will work with a.,s an those at the time of site plan
and any language that could be included to that effect staff would like to see that.
Mr- Barnes pointed out that David Hirschmao had talked with the Corps about the concept of
trying to take those funds, because they don't have a good mechanism for letting the money go
pack to the localities. They were trying to see if they can do something innovative in ttris case to
lake what is close to S400.ODD and put It back into some kind of remediation for Meadow Creek
drainage itself, He painted out that staff does not know if they will be successful in doing that_
Mr. Grarnarn staled that staff has spent a lot of lirr'ne going back and forth on this. but there is not
mechanism that exists for trying to do this_
Mr Rieley asked short of the proffers if anybody had any problem with this moving ahead to the
Board with a few caveats.
Mr Loewenstein stated teal this applicalion needs to be rrroved ahead
M,-. Edgerton stated that he continued to have mime ftusiralions, but what he heard was that they
were going to delegate the proffers Io the Board and staff.
ALBEMARLE COUNTY PLANNING COMMISSION — SEPTEMBER 2, 2003 33
ACTION MINUTES - DRAFT
Mr. Rieley stated that they have some pretty Specific recorrrmendations from staff on
recommer7tlabons for amendments to the proffers.
Mr Kamptrfer asked if any of the Commissioners had any comments about specific proffers to
ple8se let Morn know so that they comild t}e worked into their commm i!s_
Mr_ Loe enslein stated that since there was a month before the Board nears this that Ihey could
get the pro ffers worked out. He felt that the record would kndicate Iheor concerns_
ML Edgerton painted out that he continues to be frustrated with the traditional shopping at the
riorthem and of the property. He stated that he was disappointed Viat some mixture of affordable
housing was not included on this request. The Interconneavity issues with the ad]QInIng parcels
were slill an issue. He left that it had been Implied chat the Comclial connection had been made
and now he Pound that it has not, which w8s misleading. He welcarrred the suggestion of using
the Irolleys for transit and working wile the City on that. He stated that tree bottom line on this was
the trzinsportation Issues_ No matter Nyw hard he tried to listen and w fine a way to make it work,
he could not on good rorscious support this project witri so much of the impact at the
transportation being unresolved_ He felt trial Route 29 was just going to gel much wove.
According to their studies, it was still going to a level R He stated that some of these traffic
issues need to be resolved tWora a project of this level was approved. He stated Oat he was not
convinced by their disc ossions that they were any closer to resolving this issue than they were
when they started
Mr Loewenstein stated that he agreed that the transportation iseues need to be resolved_
Mr Thomas stated treat he felt corn fortable with the proffers for this development with the changes
as discussed He stated that he agreed that the transportation issues need to be
resolved-
r Loewenslefn stated that they really needed to start paying attention to infrastructure needs
long range and at greater distances than 1,000 feet from a traffic light where this project comes
into play He noted that was itiv riot resolving the problems.
Mr. Rietey stated that the omrroissioners had a lot of good points that were on target. He stated
that this project from the first time it carne to the Commission was one of the bast large -scale
commercial projects that trey have seen. This project does more in the way of adhering to the
Neighborhood Model than anything Vial they have seen, particularly anything on a large scale. He
noted that they took the applicant through the CPA, process and reguored a level of detail at the
CPA leva° that many argued was more appropriately handlea at the rezoning level_ He felt that In
the process that this plan got better_ They asked the 8pplirant to take a fresh look 84 the
Hydraulic Road frontage and make it more residential. ano they did_ They asked the applicant to
take a harder look at some of the connections to rnake at least theof portion of the ,nterconnectove
systerrr work better, and they did Thal. He Wt tha; the result, while not pertect, is one that was one
of the best proposals that they have seen. He felt that it was important for this project to move
ahead He suggested th81 they work on all of the proff ers and trice concerns that staff has rased.
He felt that they have a certain obligation to :Hove this projact to the next level and in particular not
vise new issues. He $gread Ihat this would not solve the long term traffic impacts in that area,
but he did not think that it was fair for any applicant to be asked to solve all of the long term
Iransportalion problems in that area. He pointers out that at the CPA level they asked the
applicart to wait r.orotil this traffic study was done. The Commission delayed their action on the CPA
along time. One of the things that came out of 11 was thrS interchange idea, which nas very
specific ramifications and impficatoons for how ttoese proffers should be configured.
her. Kam ptner pointed out that VDOT r4a5 not them what off -site itnprovemants WouId be required
ALBEMARLE COUNTY PLAh1 NG COMMISSION — SEPTEMaER 2, 2003 34
ACTION MINUTES - DRAFT
Mr. Rieley slated that since equrly between other prolW5. HolIymead in specific_ and this one are
important to the sense that the actual acqursibon of off -site property for improvements was not a
part of the HolIymead agreement, he felt that an approach mighl be tha4 the off -site improvements
themselves are paid for by the applicant. But. if land has to be corideenned 11-1,31 Obviously only the
County or the Slate could do That and that would hecorne a public expense. He slated that would
force the County to step up to the plate. He fell, that the two -left turn lanes would not rrappen
without that He pointed out that he vas talkinr about the solution for the short term and not
about a massive area for two round- abouts and a bit overpass. Obv ;ously, thal Fs a project of its
own scope that has to have argk i5itlon as a part o[ the btidget_ He natec! trial Was n0i
development specific.
Mr. Graham stated Ihat staff wouIa like some guidance frcrn the Commission on proffer TM 8 ifs the
second paragraph specifically where he notes that the owner shall rnake a cash contribut +on not to
exceed $500,000 provided that the owner receives a credit for such contribution or gets the
52,000 per unil residential. He asked whetheT. the Manning Commission believes than type of
condition un mat proffer is appropriate. A5 far as Irying to carne up the money for any off -site
acquisition, there is a possible source. Staff and iris County Attorney's office have struggted with
that and whether that is an appropnale use ar those funds. The other option is if the money
should be used along with funds from a CDA for the commercial part of the property for longer -
term solutions that are really addressing the ultimate transportalion improvements.
Mr. Risley stated that was his underslanding orL how the (rinds were user) from Hollymead He
asked if that was correct.
M_ Graham slated that was correct. He slated that was the intent for the funds for H01lyrnead for
the CDA. The residential comporient was not necessarily limited to transportation. but also to
address the things such as the fare station
Mr. Rieley stated that the turn lanes that wire immediately associated wilh ttie project were not
accounted for out of the CDA money
Nor, Graham stated trial was correct.
Mr_ Rielep stated that this seems to him to be in that category. He pointed out that was why he
suggested that the County be responsible for ilia acquisilicri of the 20 feet from Seven- Elever{
because the land acquisition was not included in the Holtymead pro)ect. He suggested trial
developer pap for the improvements
Mr. Graham stated that the next queslion was does the money that they are applying tip to
$500.000 is an appropriate use of lhat money for the County.
Mr. Rieley slaters no because that should go with the longer term. He stated that on proffer # 0
that Mr. Kamptner had suggested that rather than an irnmediate dedication that they treat this as a
reservation uriVi Heeded, which he felt was a good idea He stated that it was important that Area
A and Area 9 be included In thStr and at such time that It was shown that the round -about sOIUtion
was not feasible as Mr. Cox has suggested, that idea be dropped_ Then immediately Area B
ct)uld be dropped and freed up for development. He suggested that it only be reserved as long as
there was a reasonable expectation that it was going to be required for whatever the solulian was
going to be. He asked that their actioro stipulate that they encourage further study of the retaining
walls and that their action was not an endorsement of the prelirninary grading plan in that regard.
They also encourage staff to pursue with the applicant innovative BMP methods to get the best
mileage that they possibly can. He stated that their action should make it clear that the separation
of the large building to the nnrlh be both functionally and visually bean ongoing part of the
approval process so that it be two separate buildings. He opposed lhat turning into just a fagade
change or something else Jaler He suggested than the final concern was affordable housing and
ALBEMA,RLE COUNTY PLANNING COMMISSION — SEPTEMBER 2, 2003 35
ACTION MINUTES - DRAF7
wnether there shotild be a target to this_ He asked if someone could put this to the form of a
motion_
Mr. Finley moved 10 recommetro approval of ZMA- U1 -Q7, Albemarle Place, with the conditions as
ravEsdd end the proffers as revised
fir. Rieley asked if there needs to be any clarification on any additional conditions or an the proffer
changes. He pointed out that staff would continue to look at the issues of the retaining walls and
the grading, innovalive GMP-s and the continued separation of the building both functionally and
visually. He pointed out that they leh affordable mousing out because they could not resolve lrie
issue,
Mr. Thomas seconded the motion
The Ma1i0n carried (5;1). (Edgerton - No)
Mr. Rieley stated that ZMA- 01 -07. Albemarle Place, would go to the Board of Supervisors with a
recommendation for approval wills a number of suggestions as follows:
The proffers should be revised to address staff concerns.
The Code of Development should be revised to address the Architectural Review Board's
and staff's concerns with language in the "built form' section and the Planr�ing
Cornmission's concerns related to storm water managernent and the visual impacts from
retaining wars.
This item would go to the Board of Supervisors or) October 8%
Waivers to Zoning Ordinance and Subdivision Ordinance
Mr. Kamptner stated tnat there are findings that have to big matte under the Subdivision
Ordinance before those waivers can be granted_ Our offiee's recommendation is that lha
Subdivision Ordinance waivers not be addressed tonight because the Oornmi.ssion does not have
a plat.
Mr. Rieley pairiled out that the Commission grants the wavers independent of the Board's action.
He staled that o great majority of these are substituting provisions of the Zoning Ordinance in the
Code of Development, He asked if the [,OMMIsslOn could act on all of the waivers at once.
Mr. Kamptnef stated that since the waivers are the CornmissiDn's action only that they can take
care of them with one motion. He asked if everyone was Comfortable with the waivers listed on
page 28 through page 27 where it begins with the Subdivision Ordinan &e waivers at the bottom of
the page.
Mr. Barnes stated that the Subdivi5iori waivers start at the bottom of page 27 and continue to
page 28. He apologized for not getting into those. He pointed out that the intent of those, as
explained In the staff repoM was that the Code of Development would take the place of these
types of regulations to remove any conflicts as set forth in how the specific regulations in their
district will govern how the buildings will be setbacY from the streets, etc. He pointed oul that they
were not using building setbacks, but build to lines as an example. He staled that by waiving
these, staff has game through the Zoning Department, Engineering Department and Planning
Department and come up with this punch list of things that prooebiy neeo to be waivad as the
applicant started the process when we reviewed them. Staff proposed this language and the
applicant agrees with the language_ Therefore, staff would ask if the Commission were in
agreement with what was listed that they would act on the waivers to the Zoning Ordinance.
Mr. Loewenstein moved for approval of tree Zoning Ordinance wavers through 32.7.2,8,
ALBEMARLE COUNTY PLANNING, COMMISSION -- SEPTEMBER 2, 2003 36
ACTION MINUTES - DRAFT
Mr Craddock seconded the motron.
The molion carriecf (5:11. (Edgerton — No)
Mr. Rieley staked that the waivers relative to trre Zoning Ordinance are granted and the
Commission wilt hear the ones related to the Subdivision Ordnance later
Mr. Rieley asked rf the Com rn1ss,0n needed 10 take a formal action 0n the S ubdivis[on waivers.
Mr. Kamptner slated that the Commission did not have to, but if there was are expectation of lhern
coming back at a certarn time [hey could defer action.
Mr, Rieley stated that the Commission woula not take a forrnal action on the Subdivision waivers,
but would address it when r[ comes back_
COUNTY OF ALRE1 ARLE
Dapariment of Planning & Comrnunily Development
401 Mclnure Road, Room 218
CharlWcsvtlle, VGrgenIa 2902 -4596
(434) 2% - 5823
FaA 034) 9e2 - Srkj_'
November 13, 2003
Frank D. Cox, Jr
The Cox Company
220 East High Street
Charlottesville, VA 22902
FEE: ZMA- 2001 -007 Albemarie Place
Tax Map 61W, Section 3, Parceis 19A, 198, 23 and 24
Dear Mr. x:
The Albemarle County Board of Supervisors, at its meeting on October 22, 2003, approved the ahvve-
rioted request swiect to Che proffers dated October 22, 2003, the emended Exhibits presented are
October 22, 2003, and the Code of Development dated October 15r 2403, inclusive 1D Che Application
Plan. Copies of the proffer5r the amended exhibits and Code of Development are attached.
If you have any questions, please do riot hesitate to contac4 me_
Sincerely,
V_ Wayne 01i berg
Director of Planning & Community
VwCljcf
CC; Amelia McCulley
Jack Kelsey
Albeville Station JV bLC
; jSat!hn1ent .I
lr{}rr MU1141Y Ut:vL,w,.oL4. o11 LoV}1.11 L .hL,ah
File# Z- 110 .;rur I -
Approved by the Board of Supervisors
� � �; :5
PROFFER FORM Date
Date: October 22, 200 -
ZMA # 204)1 -07
Tax Map 61- -3 and Parcel Numhers 19A, 19B. 23. and 24
64.705 acres to be rezoned from € I xnd C -1 to NM-D
Pursuant to Section 333 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily groffm the conditions listed herein below which shall be applied to Albemarle Place
(herein after "the ProperrV) if the Zoning Map Amendment (hereinafter., AA") is approved by
the County of Albemarle. These conditions are proffered as a part of the requested ZMA and it is
agreed that: (1) the ZMA itself gives rise to the need for the conditions. and (2) such conditions
have a reasonable relation to the rezoning requested.
The term "Owner"" as referenced herein shall include witt in its meaning the owner of record and
successors in interest. The term "Application Plan" refers to Exhibit A. The term "Code of
Development" refers to Exhibit B- The term .. A Phasing plan" refers to Exhibit C. The term
"Regulating Block Plan" rcfars to Exhibit D. The term "MPO Concept Plan - hydraulic
Read/Route 29" refers to Exhibit F, The term "Short Term Route 29 '1•=sportation
lrnproVemcntS" refers to Exhibit F. The term "Right of Way Reservation Area" refers to Exhibit
G.
The headings of the proffers and conditions set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an interpretation of
any provisions of the proffers.
1. Phasing of Albemarle Place Improvemonts: The Owner shall phase development so that the
first site plan Cor the initial phase of Albemarte Place includes street, utility and landscape
improvements to serve the planned building improvements contained within Blocks A, B. t=
and D as depicted on Exhibit D, "Regulating Bloch Plan ". As part of this first phase, the
Owner shall design and construct those streets identified on -Exhibit C, " MA Phasing Plan„
as New Main Street, South New Main Street, [forth New Main Street, Swanson road,
Inglewood Drive, and Albemarle Place Boulevard jalsc referred to as "4#h treed odar Hill
Read "), including all supperting utility infrastructure and landscaping on these streets. 'These
improvements shall be designed, constructed and -installed as provided in Exhibits C and D
and the Code of Development-
2. Community Development Authority Participation: Upon request by the County, the Owner
shall petition for and consent to ail tax map parcels used for non - residential purposes
participating in a Community Development Authority (" CDA ") established pursuant to
Section 15.2-5152, et sec}. of the Code of Virginia ( "Code "} to be crested for the purpose of
implementing Route 29 regional transportation improvements, including but not limited to
transportation improvements within the "Super Block" (the geographical area bounded by
yid
fi d2�o
route 29, Hydraulic Road. Commonwealth Drive, and Green briar Drsve} and intersectional
improvements associated therewith,
. Cash Proffer for Route 29 Regional Transportation: The Owner will make a cash
contribution to the County for the iv1POJ29H250 Phase 2 route 29 regional transportation
study in the amount of One Hundred Thousand Dollars ($100,000.00). The cash contribution
shall be made by the Owner within thirty ( 0) days upon request by the County.
If the request is not made within one (I) year from the date of submission of the first finai
site plan for the initial phase of development. this proffer shall become nail and void. if such
cash contribution is not expended for the stated purpose.} within two ( ) years fr€ M the date
the funds were contributed to the County, all unexpended funds shall be refunded to the
owner.
4. Cash Proffer for City of Charlottesville TraH -2c Calaming Improv ern cuts: The owner shall
contribute Ten 'thousand Dollars f 10,0M,00) to the City of Charlottesville for the
construction by the City of traffic calming improvements on Swanson Road, Cedar Hill load
and other City streets intersecting hydraulic Road in the vicinity of Albemarle Place. The
cash conitibution shall be made by the Owner within thirty (30) days upon request by the
ityr. if the traffic calming improvements are not implemented by October 15, 2007, all
unexpended funds shall be refunded to the Owner.
5. Ca Proffer for Charlottesville Transit S en,icc Commercial Corridor "Jiiney Service ":
Upon the request of the County, the Owner shall contribute Twenty Thousand Dollars
($20,000.110) per annum or an amount equal to twenty percent (20 %) of the annual operating
and maintenance costs. whichever is less, for a period not to excccd f .,.V years for operating
and/or maintaining a dedicated "jitney bus" service to retail commercial developments.
including Alberarle Place, &ng the Route 29 Corridor, if the CTS "jitney service" is not
placed into operation by January 1, 2007 or the date of issuance of the first occupancy permit
for a commercial building in Albemarle Place, whchever occurs last, this proffer shall
become null and void.
6. Cosh Proffer for Capital improvements: The Owner shall contribute One Million Five
Hundred Thousand Dollars ($1,500,00D.00) (hereinafter referred to as the "total
conu`tbution ":) to the County for the purpose of funding capital improvements related to
.Albemarle Place. The contdhution shall be paid as follows- (a) Three Hundred and Seventy,
Five ($375,000.00') shall be contributed to the Count} within thirty (30) days after the first
final site plan or subdivision plat containing residential dwelling units is approved for
Albemarle Place; fib) an additional Three Hundred and Seventy Five ($375,000.44) of the
total contribution shall be contributed to the County prior to the issuance of a certificate of
occupancy for the first residential dwelling units in Albemarle Place, and (c) the ternaining
Seven hundred Fifty Thousand {$750,000.00 } of the total contribution ;hall be paid on a pro
rata basis of Throe Thousand Dollars ($3000.00) per residential dwelling unit at the time
certificates of occupancy are issuer/ for the first two hundred fifty (250) dwelling units. No
additional contribution shall be required for the next two hundred fifty (250) dwelling units.
If, five (5) years froin the date of approval of the first final site plan or subdivision plat for
residential dwelling units, the total contribution has not been fully paid, the balance of the
total contribution shall be contributed to the Count} within thirty (30) days upon request by
the County, If this fund has not been exhausted by the Count} for the stated purpose within
five (5) years from the elate the last contribution is made, all unexpended funds shall be
refunded to the Owner.
In addition to the Foregoing, after building permits have been issued for the first five hundred
(500) dwelling units within Albemarle Place, the Owner shall pay to the County Three
Thousand Dollars ($3.000.00) prior to the issuance of a building permit for each new
residential dwelling unit thereafter.
7. Construction of li rontogc Improvements on Route 29 sand Hydrauiir Road: At its expense.
the Owner shall plats. design. bond and construct travel lane improvements to be dedicated
for public use on its Hydraulic Load and route 29 frontage. The design shall be submitted
with the first site plan for the initial phase of Albamarle Place. The subject frontage
improvements are depicted by Exhibit R "Short Term Route 29 Transportation
Improvements." The Owner proffers that the County may require these improvements to be
completed as a prerequisite to the issuance of any certificates of occupancy.
S. Construction of 0ff-Site Improveiments: Upon request by the County or as provided herein.
ti'te Owner shall plan, design, bond and construct off-site transportation improvements in the
County and the City, as depicted on Exhibit F, "Short Term Route 29 Transportation
Improvements ". If the improvements are required to be constructed, the Owner proffers that
the County may require these improvements to be completed as a prerequisite to the issuance
of any certificates of occupancy. Construction shall be deemed complete when the
improvements are accepted by the appropriate public entity or are bonded for the entity's
acceptance.
A. Off-site Improvements in the County at the Northwest Quadrant of the Hydrauiie
RoudIRoute 29 Intersectiou. The engineering, plats and construction documents for aff-
site improvements in the County shall be submitted with the final site plan for the initial
phase of AIbemarle Place. In addition, for property acquisition that is required for the
off-site public right of way for Hydraulic Road./Route 29 intersection improvements
within the County, the Owner shall snake a cash contribution or provide a letter of credit
in a form approved by the County Attorney for such purpose its the amount as deemed
necessary for the property acquisition by the County Attorney provided that such amount
shall not exceed one hundred fifty peretnt (ISO %) of the County's appraisal prepared for
acquisitions UT strntlemnation purposes.
The cash contribution or letter of credit described in this proffer shat l to used to pay for
the total cost of the right of way acquisition. The total cost of the right of way acquisition
for the off -site property in the County at the northwest quadrant of the ]Hydraulic
RoadlRoute 29 intersection shall include the normal costs associated with acquiring land,
buildings. structures, easements and other authorized interests by condemnation or by
purchase including, but not limited to, land acquisitions, engineering, surveying, and
3
iq 2a c-7
reasonable attorneys fees. The cash contribution or the letter of credit shall be provided
by the Owner wiNn thirty {130} daps upon request by the County. if the property is
acquired by purchase, the contribution for the purchase price shall not exceed one
hundred fifty percent (15041.) of the Counry's appraisal prepared for condcmnaiiort
purposus without the consent of the Owner.
Ir the cast of the right of way acquisition exceeds the amount previously contributed,
above, then the Owner small reimburse the County all such excess costs within tivmr (30)
days upon request by the County. The County shall refund to the Owner all excess
cornributions upon completion of the land acquisition.
If the right of way has not been acquired w # thin eighteen (18) months after approval of
the initial site plant for the first phase of Albemarle Place, which shall include the final
right of way plats and all construction documents nucessary for the acquisition of the
property for the off' site irnpmvemerits, this Proffer $(A) shall become null and void and
all unexpended ffi ds shall be refunded to the Owner, or the remaining balance of the
letter of credit shall be released.
B. Off- -site Improvements in the City at the Nu reh east Quadra nt of the Hydraulic Road Rouit
29 Intersection. The 0,Amer shall submit the engineering, plats and construction
documents (.the "plaits ") for the improvements in the City or Charlottesville to the City
of Charlottesville within suety (60) clays after the first site plan for the initial phase of
Albemarle Place is submitted to the County. The Owner shall diligently pursue approval
of the plans in the City. If the City does not approve the plans within sic ( ) months after
the first final site plan for the initial phase of Albemarle Place is approved by the County,
the Owner shall not be required 1 y this proffer to construct Any improvements for which
approvals have not been obtained, The Owner shall not be required by this proffer to
acquire or othemise pay for right of way in the City for these improvements.
If the improvements are required to be constructed, the Owner shall wornplety
construction of the improvements for which right of way is available within twelve (12)
months after the issuance of the first certificate of occupancy within Albemarle Place.
Construction shall be deemed complete when the improvements are accepted by the
appropriate public entity or are bonded for the entity -'s acceptance.
9 Reser►'ation mud Medication of Land for Re iuna] Route 29 and Hydraulic Road Intersectiou
Improvements. The Owner shall reserve for future dedication to the County certain land on
the Property in the County for transportation improvements for the haute 29 and Hydraulic~
Road intersection in the location described as `Area A" on Exhibit G, "ROW of Nay
Reservation and Dedication Area ". Upon the request of the County, the Owner shall dedicate
"Area A" to the County in fee simple for the parpose of construction of regional
transportation improvements, provided that such request for dedication is made by the
County not later than OCtntter 15, 7009, or this pto Her shall become mull and void.
obi
4 ( 0(2 z 03
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 Gs 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 a] I use of the land and remove all improvements established by the 0NAMer
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 dl dicated
land shall be transferred to the OWMT, at no expense to the Owner. If the construction of the
s*rmt transportation improvements on the dedicated land does not commence by October
15, 2025, this proffer shall becorne dull and void.
10. Reservation find Dedication o Additional Lan €l for Reute 29 and Hydraulie 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 ?9 related regional transportation improvements.
The reservation of the additional land is limited to and shall not exceed the area (a) as
iltitially defined on Exhibit E, "M?O Concept Plan - Hydraulic Road/Route 29 Intersection ",
ar (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 Propem- ,
Upon the request of the Count}, a temporary construction easement not to exceed twenty
( 0) feet beyond the reserved area shall be provided for this construction.
UntiI the land is dedicated, the Nmer shall mainmin this land and shall retain the right to the
excklu;ive use of tho 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 submi"ed
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 ether transportatiou 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 Counry. 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 mqnest. If said Official Map or transportation irnpmvemeats
plan has not been adopted by the County by December 31, 2009, this proffer becomes
null and void.
ve t l
9
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(between Blacks F and G north to " Oomdlal Property "). Swanson Road Extended (to north to
"Sperm Property") and at two additional iocations into Sperry Property.
The locations for casement or right of way reservation and dedication are as generally
depicted on Exhibit A and labeled [hereon as "Future Extension." These easement or right of
way locations shall be identified, putted and dedicated at the request of the County in
conjunction with subsequent site plan applications for Albemarle Place,
The undersigned Owner hereby proffers that the use and development of the suhject property
shall be in conformance with the proffers and conditions herein above and these proffers sliall
supersede all other proffers and conditions made prior hereto,
Owner:
Albeville Station .lV, LL
Ocio er_ 2003
Ronald B. Ferrin Printed lame Date
(Sole Manager)
7
r�f� -� Ir37