HomeMy WebLinkAboutZMA201000006 Executive Summary Zoning Map Amendment 2010-11-10COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 2010 - 00006, Hollymead Town Center, Area A -2
SUBJECT /PROPOSAL /REQUEST:
Amend the original application plan and the code of
development
STAFF CONTACT(S):
Cilimberg, Wiegand
LEGAL REVIEW: NO
AGENDA DATE:
November 10, 2010
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
BACKGROUND:
On September 12, 2007, the Board approved ZMA 2007 - 00001, Hollymead Town Center, Area A -2, which established the
general development plan, code of development, and proffers for Area A -2.
This rezoning would amend the code of development to add "Indoor Theater" to the list of permitted uses in Block B2, and
would change the alignment of the midblock road and other features on the general development plan, including the
locations of some of the buildings shown on the plan.
The Planning Commission held a public hearing on this zoning map amendment on September 21, 2010. Attachment I
contains the action memo of the Commission. Attachment II is the staff report reviewed by the Planning Commission.
Attachment III is the general development plan, as revised to reflect the Planning Commission's action. Attachment IV is
the revised page from the chart in the Code of Development showing "Indoor Theater" as a permitted use in Block B2.
Attachment V is the amended proffers that were revised to reflect the changes to the general development plan.
DISCUSSION:
On September 21, 2010, the Planning Commission voted (4:3) to recommend approval of this ZMA, provided the
applicant complied with seven conditions before the Board takes action. The following are those conditions, as listed
in Attachment I dated October 8, 2010, and staff's assessment of the status of the applicant's response:
1. The access points from the primary through street to the parking lot in Area B1 are limited to no more than
four access points. Provided by the applicant.
2. The Greenway Trail is shown on the plan on the opposite side of the creek from the development in Block B2
at roughly the same height as the top of the retaining walls behind the development in Block B2 with
provision of a pedestrian access across the stream from the development side near the theater.
3. The parks and public spaces are labeled on the plan and are generally consistent with the size and number
shown on the original general development plan. While the number of parks /public spaces and their location
is generally consistent with the original plan, the pocket park adjacent to Towncenter Drive is about V2 the
size of that shown on the original plan and further stipulated by Proffer 6 approved as part of ZMA 2007-
0000 1 which says that this pocket park shall be approximately 10,000 square feet in size. If the general
development plan proposed by this zoning map amendment is approved with the pocket park as shown, this
proffer still is in effect and either the approved final site plan will need to show a 10,000 square foot pocket
park in this location or a subsequent application will need to be made to amend the proffer to allow a smaller
pocket park.
4. The perpendicular parking on the two through streets is eliminated. Parallel parking is fine. Provided by the
applicant.
5. Sidewalks are provided on both sides of the primary through street and pedestrian access points are provided
crossing the street from the parking lot in Area B1 to the development on the other side of the midblock
street. Provided by the applicant. While the revised general development plan shows a parking lot between
the proposed theater and the main parking lot instead of a building that was located in the same area on the
general development plan reviewed by the Commission, the applicant is showing a system of sidewalks
along the through street and adjacent to the parking lots with pedestrian crosswalks connecting the sidewalks
across points of vehicular access. This is a less ideal pedestrian environment than sidewalks adjacent to
buildings or park areas, but provides pedestrian access points crossing the street from the parking lot in Area
B1 to the development on the other side of the midblock street as stipulated by the Commission.
5. The Code of Development is changed to add the indoor theater to the list of the uses allowed in Block B2.
Provided by applicant.
7. The Willow Glen connection change is removed from the plan as it can be dealt with under the existing
proffers. Provided by applicant.
It should be noted that other proffers approved with ZMA 2007 -00001 are also applicable to development that would
occur under this ZMA 2010 -00006 unless they were to be amended. Of particular note is Proffer 11 which lays out a
phasing plan for the development of commercial and office gross floor area in conjunction with the development of
residential units. Building permits for 100 residential units must be issued before issuance of building permits for any
square feet of commercial and office gross floor area. At this point, a final site plan for 31 units of residential has been
applied for in Area A -2. Should the applicant want to receive a building permit for the theater or other
commercial /office structure covered by this amended general development plan before building permits for 100
residential units are issued, an amendment to Proffer 11 would be necessary.
RECOMMENDATIONS:
Staff recommends approval of ZMA 2010 - 00006, with the understanding that the size of the pocket park on the final
approved site plan will need to meet the proffer requirement of approximately 10,000 square feet or the proffer will need to
be amended.
ATTACHMENTS:
ATTACHMENT I:
ATTACHMENT II:
ATTACHMENT III;
ATTACHMENT IV
ATTACHMENT V:
Planning Commission Action Memo for September 21, 2010
Staff Report, dated September 21, 2010
Application Plan, dated November 1, 2010
Revised Page from the Code of Development
Revised Proffers, dated November ? ?, 2010
1
FINAL ACTIONS
Planning Commission Meeting of September 21, 2010
AGENDA ITEM/ACTION
FOLLOW-UP ACTION
1. Call to Order.
• Meeting was called to order at 6:00 p.m.
by Mr. Loach, Chair. Other members
present were Mr. Morris, Mr. Franco,
Mr. Smith, Mr. Lafferty, Ms. Porterfield,
and Mr. Zobrist, Vice Chair. Ms.
Monteith was absent.
• Staff members present were Bill Fritz,
Summer Frederick, Judy Wiegand,
Wayne Cilimberg, Sharon Taylor, and
Greg Kamptner.
2. From the Public: Matters Not Listed for
Public Hearing on the Agenda.
• None
Clerk:
• No action required
3. Consent Agenda
Approval of Minutes
July 13, 2010 and July 27, 2010
APPROVED CONSENT AGENDA, by a
vote of 7:0.
Clerk:
• Finalize minutes for signature
4. Public Hearing:
SP-2010-00019 Afton Farmers’ Market
RECOMMENDED APPROVAL SP-2010-
00019, by a vote of 7:0, with the conditions
recommended in the staff report as modified
and noted in Attachment 1.
Clerk:
• Action Letter – SP-2010-00019 will go before Board
of Supervisors on a date to be determined with a
recommendation for approval with the conditions
recommended in the staff report as modified and
noted in Attachment 1.
5, SP-2010-00016 Forest Lakes Farmers
Market
RECOMMENDED APPROVAL SP-2010-
00016, by a vote of 7:0, with the conditions
recommended in the staff report as
amended and noted in Attachment 2.
Clerk:
Action Letter – SP-2010-00016 will go before Board of
Supervisors on a date to be determined with a
recommendation for approval with the conditions
recommended in the staff report as amended and
noted in Attachment 2.
6. SP-2008-00056 Unity Church
RECOMMENDED APPROVAL SP-2008-
00056, by a vote of 7:0, with the conditions
recommended in the staff report as noted in
Attachment 3, with the appropriate changes
made to Condition #4, as requested by the
County Attorney.
Clerk:
Action Letter – SP-2008-00056 will go before Board of
Supervisors on a date to be determined with a
recommendation for approval with the conditions
recommended in the staff report as noted in
Attachment 3.
6. ZMA-2010-00006 Hollymead Town
Center, Area A2
Clerk:
• Action Letter – ZMA-2010-00006 will go before
Board of Supervisors on a date to be determined
2
RECOMMENDED APPROVAL OF ZMA-
2010-00006, by a vote of 4:3, provided that
the outstanding issues regarding the
application plan and code are addressed as
noted in Attachment 4.
with a recommendation for approval provided that
the outstanding issues regarding the application
plan and code are addressed as noted in
Attachment 4.
7. Old Business
• Discussion held on the Robert’s Rules
of Order.
Secretary:
• No action required.
8. New Business
• Ms. Porterfield noted two issues of
concern in her district. 1. Shooting in
Glenmore neighborhood; and 2. VDOT
open burning at Shadwell interchange.
• NEXT MEETING ON SEPTEMBER 28,
2010 at 6:00 p.m. in Room 241 with City
Planning Commission
Staff:
• As regards open burning, to provide Ms.
Porterfield contact information for Fire
Marshall.
9. Adjourn to the joint City/County Planning
Commission Meeting on June 28, 2010,
6:00 p.m., Room 241, Second Floor, County
Office Building, 401 McIntire Road,
Charlottesville, Virginia.
• The meeting was adjourned at 8:47
p.m.
Attachment 1 – SP-2010-00019 Afton Farmers’ Market – Conditions of Approval
Attachment 2 – SP-2010-00016 Forest Lakes Farmers Market – Conditions of Approval
Attachment 3 – SP-2008-00056 Unity Church - Conditions of Approval
Attachment 4 – ZMA-2010-0006 Hollymead Town Center, Area A2 – Outstanding Conditions
3
Attachment 4 – ZMA-2010-00006 Hollymead Town Center, Area A2
By a vote of 4:3, (Porterfield, Loach and Lafferty voted nay), the Planning Commission recommended
approval of ZMA-2010-00006, Hollymead Town Center, Area A2 provided that the outstanding issues
regarding the application plan and code are addressed:
1. The access points from the primary through street to the parking lot in Area B1 are limited to no
more than four access points.
2. The Greenway Trail is shown on the plan on the opposite side of the creek from the development
in Block B2 at roughly the same height as the top of the retaining walls behind the development in
Block B2 with provision of a pedestrian access across the stream from the development side near
the theater.
3. The parks and public spaces are labeled on the plan and are generally consistent with the size
and number shown on the original application plan.
4. The perpendicular parking on the two through streets is eliminated. Parallel parking is fine.
5. Sidewalks are provided on both sides of the primary through street and pedestrian access points
are provided crossing the street from the parking lot in Area B1 to the development on the other
side of the midblock street.
6. The Code of Development is changed to add the indoor theater to the list of the uses allowed in
Block B2.
7. The Willow Glen connection change is removed from the plan as it can be dealt with under the
existing proffers.
4
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 8, 2010
Scott Collins, Collins Engineering
200 Garrett Street, Suite K
Charlottesville, Va 22901
RE: ZMA201000006 Hollymead Town Center Area A2
TMP 03200-00-00-04500, 03200-00-00-05000, and 03200-00-00-05600
Dear Mr. Collins:
The Albemarle County Planning Commission, at its meeting on September 21, 2010, by a vote of 4:3,
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. The access points from the primary through street to the parking lot in Area B1 are limited to no
more than four access points.
2. The Greenway Trail is shown on the plan on the opposite side of the creek from the development
in Block B2 at roughly the same height as the top of the retaining walls behind the development in
Block B2 with provision of a pedestrian access across the stream from the development side near
the theater.
3. The parks and public spaces are labeled on the plan and are generally consistent with the size
and number shown on the original application plan.
4. The perpendicular parking on the two through streets is eliminated. Parallel parking is fine.
5. Sidewalks are provided on both sides of the primary through street and pedestrian access points
are provided crossing the street from the parking lot in Area B1 to the development on the other
side of the midblock street.
6. The Code of Development is changed to add the indoor theater to the list of the uses allowed in
Block B2.
7. The Willow Glen connection change is removed from the plan as it can be dealt with under the
existing proffers.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on November 10, 2010.
If you should have any questions or comments regarding the above noted action, please do not hesitate
to contact me at (434) 296-5832.
Sincerely,
Judith Wiegand
Senior Planner
Planning Division
5
CC: United Land Corporation
2315 Seminole Lane #200
Charlottesville VA 22901
Route 29 LLC
P O Box 5548
Charlottesville Va 22905
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 2010 - 00006, Hollymead Town
Staff: Judith Wiegand, Senior Planner
Center, Area A -2
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
September 21, 2010
Not scheduled
Owner(s): Route 29, LLC and Uptown Village, LLC
Applicant: Scott Collins, Collins Engineering,
representing the owner
Acreage: Portion of 77.365 acres
Rezone from: NMD and R -15, to NMD R -15
TMP: TMP 03200000004500, 03200000005000, and
By -right use: The Hollymead Town Center, Area A -2
03200000005600.
NMD allows a mixture of residential and commercial
Location: The parcels are located west of US 29 and
uses; R -15 allows for residential and institutional uses.
are accessed from Towncenter Drive. They are
between Area A -1 where the Kohl's is now under
construction and the Forest Springs Mobile Home Park.
Magisterial District: Rio
Proffers: No new proffers are proposed.
Proposal: To amend the Code of Development for
Requested # of Dwelling Units: A maximum of 1222
HTC A -2 to allow an indoor theater in Block B2, to
dwelling units is allowed in HTC A -2. There is no
amend the application plan to shift the boundary
change to the maximum number of units proposed
between Blocks B -1 and B -2 and change the internal
with this rezoning.
circulation in Blocks B -1 and B -2. (A request to relocate
the connection between Towncenter Drive and the
Willow Glen development was also made, but is no
longer necessary to be processed with this rezoning.)
DA (Development Area): Community of Hollymead
Comp. Plan Designation: Town Center, Urban
Density Residential, and Parks and Greenways
Character of Property: The property has been
Use of Surrounding Properties: The Hollymead
graded, but is undeveloped. Some steep slopes remain
Town Center development containing the Harris
at the edges of the two vacant parcels. The parcel on
Teeter /Target Shopping Center is located to the
which the Forest Springs Mobile Home Park is located
northeast. A Kohl's shopping center is proposed for
is to be removed from the rezoning.
area A -1 is to the east and will be nonresidential when
developed. The Abington Place townhome
development is located in Area D to the north across
Towncenter Drive. The Forest Springs Mobile Home
Park is located to the west (and is not a part of the
Hollymead Town Center development). The Powell
Creek Greenway is located to the south.
Factors Favorable:
Factors Unfavorable:
1. Adding the indoor theater to the allowed uses in
1. The design shown for Blocks B -1 and B -2 on the
Block B -2 will provide an additional area for the
proposed Application Plan contains a midblock
owner to provide an entertainment destination in
road that is actually a parking lot street where
the northern Development Areas of the County.
local through traffic would be competing with
2. Changing the alignment of the midblock road
parking lot traffic. It has also lost the sense of
provides a better connection aligning with
spatial enclosure that would have resulted from
Lockwood Drive between Towncenter Drive and
development under the original rezoning with
Meeting Street than the alignment shown in the
buildings on both sides of the street.
original rezoning.
2. The layout of buildings and parking in the blocks
requires 16- and 20 -foot high retaining walls along
one side of Block B -2, overlooking the greenway.
Such walls will detract from the natural, scenic
character of the greenway.
RECOMMENDATION: Staff recommends approval provided that the outstanding issues regarding the
application plan and code of development are addressed.
STAFF PERSON: Judith Wiegand, AICP
PLANNING COMMISSION: September 21, 2010
ZMA 2010 - 00006, Hollymead Town Center, Area A -2
PETITION
PROJECT: ZMA 2010 00006, Hollymead Town Center, Area A -2
PROPOSAL: Rezone 77.365 acres from Neighborhood Model zoning district which allows residential
(3 — 34 units /acre) mixed with commercial, service and industrial uses and R -15, Residential which
allows 15 units /acre to Neighborhood Model zoning district which allows residential (3 — 34 units /acre)
mixed with commercial, service and industrial uses and R -15, Residential which allows 15 units /acre in
order to amend the application plan, the code of development, and the proffers.
PROFFERS: Yes X No
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Town Center - Compact, higher density
area containing a mixture of businesses, services, public facilities, residential areas and public spaces,
attracting activities of all kinds. (6.01 -34 dwelling units per acre); Urban Density Residential -
residential (6.01 -34 units /acre) and supporting uses such as religious institutions, schools, commercial,
office and service uses; and Parks and Greenways - parks, greenways, playgrounds, pedestrian and
bicycle paths in the Community of Hollymead
ENTRANCE CORRIDOR: Yes No X
LOCATION: Parcels are west of US 29 /Seminole Trail and accessed from Towncenter Drive and the
unnamed street connecting Towncenter Drive to Dickerson Road (Rt. 606) in the Hollymead
Development Area
TAX MAP /PARCEL: TMP 03200- 00 -00- 04500, 03200- 00 -00- 05000, and 03200 -00 -00 -05600
MAGISTERIAL DISTRICT: Rio
CHARACTER OF THE AREA
The location of the rezoning is shown on Attachment A. Area A -2 is part of the larger Hollymead Town
Center development, a mixed use development that, when complete, will include retail, commercial,
and residential uses. The area to the northeast that includes the Harris - Teeter and Target stores is
built, the Abington Places townhomes have been constructed. Area A -1 to the east will be the site of
the new Kohl's and other nonresidential uses now under construction. The southern edge of the Town
Center is formed by the Powell Creek Greenway.
SPECIFICS OF THE PROPOSAL
The requested changes are to a portion of the A -2 Application Plan, the specific are is shown in
Attachment B. The approved full application plan is shown in Attachment C. There are three parts to
this proposed rezoning:
1. An amendment to the Code of Development (COD) to include Indoor Theaters as a Permitted
use in Block B -2.
2. An amendment to the application plan to reflect a new road alignment between Blocks B -1 and
B -2, in order to accommodate the proposed indoor theater. This amendment also involves
shifting the proposed locations of some of the other buildings in the two blocks and a redesign
of the parking areas.
A change in the alignment of the connector road between Towncenter Drive and the Willow
Glen residential development in order to move the road out of a proposed stormwater
management area. (This third request is not needed as relocation of this connection is permitted
under existing proffer #12 which says, in part, "Approval of the County Engineer and the Owner
for the location of the connection to Willow Glen may be shifted from the area shown in the
General Development Plan to a more suitable location to both the Owner and the County which
still provides access from Willow Glen to Town Center Drive. " As of this writing, the owners of
the property subject to this rezoning request and the owner of the Willow Glen development are
ZMA2010 -00006
Planning Commission
Staff Report Page 2
working on a shift in the alignment of the Willow Glen Connection. This change in the location
can be dealt with under the terms of the proffer and does not need to be addressed in this
rezoning.) Staff recommends that either the new location of the Willow Glen Connection be
shown on the application plan or that the connection be dropped from the rezoning application.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant would like to develop an indoor theater in a different location than contemplated when the
property was originally rezoned. The changes to the midblock road and to the layout of buildings and
parking in Blocks B -1 and B -2 will make the property easier for the owner to develop.
PLANNING AND ZONING HISTORY
In 1998, a comprehensive plan amendment for the Hollymead Town Center (HTC) was submitted. In
2001, this Comprehensive Plan amendment was approved with the "Conceptual Master Plan and
Design Guidelines for the Hollymead Town Center" (hereafter referred to as "the Guidelines ").
Three separate sections of the five -part Hollymead Town Center were approved in 2003 with ZMAs
2001 - 00019, 2001 - 00020, and 2002 - 00002. On September 11, 2007, the Board approved ZMA 2005-
00015, Hollymead Town Center Area A -1, which is adjacent to US 29. The locations of the different
areas of the Town Center are shown on Attachment D.
COMPREHENSIVE PLAN
Land Use Plan:
The proposal was evaluated for conformity with the Comprehensive Plan Land Use designations for
this area in 2007. With the proposed changes to the Code and Application Plan, the zoning will
remain in conformity.
Proposed Places 29 Plan:
The proposed Places 29 Master Plan retains the key features of the 2001 Comprehensive Plan
amendment. The proposed changes to the Application Plan and the Code of Development are in
conformity with the Places 29 Master Plan.
The Neighborhood Model:
Four Neighborhood Model principles are relevant to the proposed design changes to Blocks B -1 and B-
2 of the Application Plan:
1. Neighborhood Friendly Streets and Paths. Under the original rezoning, the midblock road
served as a local street connecting at one end to a street through the Abington Place
townhomes and at the other end to Meeting Street. This midblock street was lined with buildings
on both sides and would have served as a connector for local traffic. The new street location
proposed in this rezoning essentially is a parking lot drive aisle. In order to comply with this NM
principle, the midblock street needs to be laid out as a separate travelway so that local traffic is
not sharing the road with parking lot traffic.
2. Interconnected Streets and Transportation Networks. The new midblock road alignment is an
improvement over the previous one because the connection would align with Lockwood Drive
between Town Center Drive and Meeting Street. Lockwood Drive is a local street that connects
through to Timberwood Blvd., thereby creating a better network connection. This principle is
met.
3. Relegated Parking. The General Development Plan from the original rezoning showed buildings
fronting on the midblock street in Block B; since the parking was behind these buildings, it was
relegated from the standpoint of a person walking or driving on the midblock street. However,
the new street alignment runs through a parking lot for most of its length, so the concept of
relegated parking has been lost. In order to meet this principle, the relationship between the
ZMA2010 -00006
Planning Commission
Staff Report Page 3
buildings, the midblock street, and the parking areas needs to be changed.
4. Site Planning That Respects Terrain. The Application Plan shows 16- to 20 -foot maximum
height retaining walls along the greenway that borders the south side of the proposed theater
site. Retaining walls taller than six feet are not recommended unless they are terraced, and use
of them indicates that grading does not respect the terrain.
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested zoning
district:
The analysis under this section was provided with the original HTC A -2 rezoning. Changes proposed to
the Code and Application Plan do not affect the NMD purpose and intent.
Public need and justification for the change:
Allowing the indoor theater to be located in Block B -2 will provide a greater flexibility of uses within this
portion of the block. By allowing this use in this location, the applicant creates an opportunity for a
state -of- the -art entertainment destination for the County.
The new alignment of the midblock road in Block B would create a better road network for this section
of Hollymead Town Center with stronger links to other parts of the road network. This road location
creates logical outparcels for future commercial and residential development.
Impact on Environmental, Cultural, and Historic Resources:
Since the indoor theater was permitted in Block B -1 under the original rezoning, there will be no
additional impact on environmental, cultural, or historic resources beyond those envisioned at the time
of the original rezoning.
Anticipated impact on public facilities and services:
Streets: VDOT comments are provided in Attachment E. VDOT staff has indicated that the proposed
rezoning may increase traffic from the original rezoning and that a supplemental traffic analysis will be
required. The applicant may be able to address this issue by providing a certification that the original
rezoning anticipated the traffic generated by these changes in the block.
Schools: There is no change in the number of residential units proposed in the original rezoning, so
students will attend the same schools as noted in that rezoning.
Fire and Rescue: This site will be served by the Hollymead Fire Station north of Airport Road.
Utilities: Rivanna Water and Sewer Authority has provided comments concerning availability of water
and sewer to the site (see Attachment D). Their comments indicate that currently sewer service is not
available, but acknowledge that improvements are being made by the Authority that will soon make that
service available.
Parks and Greenways: The original Application Plan was approved with a greenway and a trail along
Powell Creek generally to the south of the area subject to this rezoning. The land area has not yet been
dedicated and the trail has not yet been constructed. The proposed retaining walls of 16 to 20 feet
shown on the proposed Application Plan will be visible from the greenway and trail and potentially
create a canyon -like effect from the tall masonry wall. In order to minimize the height and effect, staff
believes that the wall should be terraced with heights no greater than six feet with a ten -foot shelf for
plantings. This change could be made to the Code of Development. It is unlikely, however, that the
design shown on the proposed Application Plan could be accomplished because of the size and
location of the theater building. Staff notes that the proposed Application Plan does not include the
pocket park shown on the original Application Plan located on the northern edge of Block B -1 fronting
ZMA2010 -00006
Planning Commission
Staff Report Page 4
Towncenter Drive. Proposed revisions to the Application Plan should also include this pocket park.
Anticipated impact on nearby and surrounding properties:
The changes proposed in this rezoning are minor and are expected to have no impact on nearby and
surrounding properties other than those impacts noted during the original rezoning.
PROFFERS
The applicant has not provided any proffers for the proposed rezoning and no proffer changes are
needed. There will need to be a reference to the amended Application Plan in conjunction with the
rezoning. Staff is still looking into ways in which this might be accomplished without requiring an
amendment to the proffers.
OUTSTANDING ISSUES
As noted in prior sections of the staff report, staff believes that the Application Plan needs some
revision prior to any action for approval of the rezoning.
These revisions include a change to the internal design of the block to:
1. Create a through street aligning with Lockwood Drive between Town Center Drive and Meeting
Street so that parking lot aisles do not open directly onto the street. Buildings, parking structures
and /or parking lot screening walls should face this street to provide a sense of spatial enclosure.
2. Move the theater building further away from the Greenway so that any retaining walls over six
feet in height can be terraced. Also, the retaining walls should be laid out to respect users of the
greenway and trail.
In addition, the Application Plan for Blocks B -1 and B -2 should be simplified to show the key features of
the block (i.e. streets, building envelopes, parking envelopes, block boundaries, and the pocket park
shown on the original Application Plan in Block B -1) instead of specific buildings, parking structures and
parking lots. Also, modifications to the Code of Development are necessary to include a commitment to
terrace retaining walls, as well as the addition of indoor theaters to the list of uses allowed in Block B -2.
Finally, the Application Plan needs to be revised to remove the relocated connector to Willow Glen and
the parcel containing it as the relocation can be handled under the existing proffer.
SUMMARY
Staff has identified the following factors that are favorable to this rezoning request:
1. Adding the indoor theater to the allowed uses in Block B -2 will provide an additional area for the
owner to provide an entertainment destination in the Northern Development Area of the County.
2. Changing the alignment of the midblock road provides a better connection aligning with
Lockwood Drive between Towncenter Drive and Meeting Street than the alignment shown in the
original rezoning.
Staff has found the following factors unfavorable to this rezoning:
1. The design shown for Blocks B -1 and B -2 on the proposed Application Plan contains a midblock
road that is actually a parking lot street where local through traffic would be competing with
parking lot traffic. It has also lost the sense of spatial enclosure that would have resulted from
development under the original rezoning with buildings on both sides of the street.
The layout of buildings and parking in the blocks requires 16- and 20 -foot high retaining walls
along one side of Block B -2, overlooking the greenway. Such walls will detract from the natural,
scenic character of the greenway.
2. The layout of buildings and parking in the blocks requires 16- and 20 -foot high retaining walls
along one side of Block B -2, overlooking the greenway. Such walls will detract from the natural,
ZMA2010 -00006
Planning Commission
Staff Report Page 5
scenic character of the greenway.
RECOMMENDATION
Staff recommends approval provided that the outstanding issues regarding the application plan and
code are addressed:
• Change the internal design of the block to:
1. Create a through street aligning with Lockwood Drive between Town Center Drive and
Meeting Street so that parking lot aisles do not open directly onto the street. Buildings,
parking structures and /or parking lot screening walls should face this street to provide a
sense of spatial enclosure.
2. Move the theater building further away from the Greenway so that any retaining walls over
six feet in height can be terraced. Also, the retaining walls should be laid out to respect
users of the greenway and trail.
• Simplify the Application Plan for Blocks B -1 and B -2 to show the key features of the block (i.e.
streets, building envelopes, parking envelopes, block boundaries, and the pocket park shown on
the original Application Plan in Block B -1) instead of specific buildings, parking structures and
parking lots.
• Modify the Code of Development to include a commitment to terrace retaining walls, as well as
the addition of indoor theaters to the list of uses allowed in Block B -2.
• Revise the Application Plan to remove the relocated connector to Willow Glen and the parcel
containing it as the relocation can be handled under the existing proffer.
ATTACHMENT A — Location Map
ATTACHMENT B — Application Plan, dated 7/19/2010 — PLEASE CONTACT THE COMMUNITY
DEVELOPMENT DEPARTMENT TO SEE THE APPLICATION PLAN
ATTACHMENT C — Hollymead Town Center full Application Plan, approved September 12, 2007
ATTACHMENT D — Map showing locations of HTC Areas
ATTACHMENT E — VDOT Comment letter, dated August 19, 2010
ATTACHMENT F — RWSA comments. dated 8/18/2010
ZMA2010 -00006
Planning Commission
Staff Report Page 6
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COLLINS ENGINEERING
7.19.10 AMENDMENT TO THE GENERAL DEVELOPMENT PLAN FOR ZMA-2007 001
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II
COMMONWEALTH of VIRCjINIA
DEPARTMENT OF TRANSPORTATION
CHARLOTTESVILLE RESIDENCY OFFICE
701 VDOT WAY
CHARLOTTESVILLE, VA 22911
Gregory A. Whirley
COMMISSIONER
August 191h, 2010
Mr. Bill Fritz
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Special Use Permits and Rezoning Submittals
Dear Mr. Fritz:
Below are VDOT's comments for the July 19`h, 2010 Rezoning and Special Use Permit
applications:
SP- 2010 -00017 The Y and Friends Child Care Center - (Scott Clark)
• A plat needs to be provided with the existing entrance location to verify that the
site either has adequate sight distance or sight easements can provide adequate
sight lines.
SP- 2010 -00021 Carter's Mountain Trail, Verizon Wireless Tier III (Elizabeth
Marotta
• No comments
SP- 2010 -00022 Heard's Moutain, Verizon Wireless Tier III (Megan Yaniglos)
• No comments
ZMA- 2010 -00005 Richmond Road Entrance (Judith Wiegand)
• The entrance meets the minimum spacing standards for a partial access to a
Principal Arterial Road for 35 to 45 mph.
• The entrance is located within the functional area of the Route 250 Route 20
intersection and will be restricted to a one way access into the property.
Internal circulation should be shown in the parking lot to ensure that traffic will
not queue back into route 250 at the entrance.
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
ZMA- 2010 -00006 Hollymead Town Center, Area A2 (Judith Wiegand)
• This proposal may increase the density from the original rezoning and traffic
study. The original trip generation table should be shown in comparison with
what has been built and what changes are proposed to determine the adequacy of
the original traffic study.
• A supplemental traffic analysis in accordance with the requirements of 24 VAC
30- 155 -50 will be required with the proposed change in development.
Commercial entrances to the site need to be lined up with access points across
Towncenter Dr.
If you have any questions, please contact me.
Sincerely,
Joel DeNunzio, P.E.
Land Use Engineer
VDOT Culpeper
WE KEEP VIRGINIA MOVING
From:
Justin Weiler [jweiler @rivanna.org]
Sent:
Wednesday, August 18, 2010 3:42 PM
To:
Judith Wiegand
Cc:
'Gary Whelan'
Subject:
ZMA201000006 Hollymead Town Center, Area A2
Follow Up Flag: Follow up
Flag Status: Flagged
Judy,
RWSA has started to review the application for ZMA201000006 Hollymead Town Center, Area
A2. At this time, RWSA would like to request additional information from the applicant so that we
can complete our review. It is unclear to RWSA which areas of the Hollymead Town Center are
being rezoned in this application. The project name references Area A2, but there is no area A2
on the plan sheet that was provided. RWSA would like an exhibit that clearly shows the extents
of this rezoning and an exhibit that shows which roads, buildings and other features are being
modified as part of this rezoning. We would also like to see total building areas for the currently
approved plan and the proposed plan, both broken out by type of use so that project water and
sewer usage can be calculated.
Please let me know if you have any questions or concerns about this request. Thanks.
Justin
Justin Weiler, E.I.T.
Civil Engineer
Rivanna Water and Sewer Authority
695 Moores Creek Lane
Charlottesville, VA 22902
Phone: 434.977.2970 ext.206
Fax: 434.295.1146
NOTES:
PARKING: BLOCKS 81 & B2: 460 RESIDENTIAL UNITS, 117,300 SF
NON-RESIDENTIAL
REQUIRED PARKING:(MIN/MAX) = 900/1286
PROVIDED PARKING:
GARAGE (MULTI-LEVEL) = 320/470
OPEN/DECK = 3101600
TOTAL= 630/1070
PARKING NOTES:
1. MINIMUM PARKING SHOWN ASSUMES 30% SHARED PARKING
REDUCTION IS APPROVED WITH FINAL SITE PLAN.
2. GARAGE PARKING IS GENERALLY DEFINED AS PARKING ON
LOWER BUILDING LEVELS.
3. ALL INFORMATION PROVIDED ON THIS SHEET IS FOR
INFORMATION AND ANALYSIS PURPOSES ONLY. ALL PARKING --
REQUIREMENT DETERMINATIONS WILL BE MADE AT THE SITE PLAN
STAGE.
THIS GENERAL DEVELOPMENT PLAN IS SUBJECT TO THE CODE OF
DEVELOPMENT AND ALL SITE PLAN AND SUBDIVISION REGULATIONS
UNLESS WAIVERS HAVE 83EEN RECEIVED. OTHER THAN REQUIRED
ELEMENTS OF THE GENERAL DEVELOPMENT PLAN, SPECIFIC SITE
PLANNING DETAILS SHOWN ON THEIS PLAN HAVE NOT BEEN APPROVED
BY THE COUNTY.
STORMWATER MANAGEMENT FOR THE 81 & B2 BLOCK SHALL BE
ACCOMMODATED WITH THE BIOFILTER IN THE LOCATION AS SHOWN ON
THE APPLICATION PLAN IN CON3UNCRON WITH UNDERGROUND
DETENTION SYSTEM IN THE PARKING LOT AND FILTERRAS AS
NECESSARY TO MEET REQUIRED STORMWATER QUALITY AND QUANTITY
REQUIREMENTS.
LIMITS OF STRUCTURED PARKING
SCALE: 1" = 40'
h/ I
TRAIL SECTION 1 PROFILE
TRAIL SECTION 2 PROFILE
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PROPOSED -
HOLLYMEAD TOWN CENTER—AREA A O CODE OF DEVELOPMENT
Non-Residenllal Use.
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Ano ue,. "ft, notion and waft shops
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P
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Department store
P
P
P
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P
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SP
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SP
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SP
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P
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I P
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bacRery, candy, milk dispenser, wine and cheese shops
Fimmmihomes
Furniture and homo appliances sales and seroces
P
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Hardware store
Health spas
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Home occuation, Class A
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hours ofo mtron
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Machine antl ul enlsalas. seNlce and rental
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Newsp.jdarplalishirg
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Nurseries. day care centers reference 5.1.061
P
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1p
1p
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Retail nurseries and greerhooses
Office and business maehines sales and seri as
P
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SP
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and related facMas for distribution of local service and oNned and
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operated bAlbemade County SeMce Authority. &ce tas
othewhese ressty pmmded, central water suppries and central
se.verage systems in conformance with Cha ter 16 of the Code
of Albemarle and others "cable law.
Public uses and buldngs lnood'ng tem p,,.q or mobile fealties
P
P
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such as schools, offices, parks, la rounds and roads funded
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entl/0f o crated by the Rivpnna Water and Sewer Authority
reference 31.2.5; 5:1.12 '
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School ofa 'al instruction
P
P
P
P
P
P
P
P
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SlaorIN goods sales
P
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Standalone parking and par,Og structures
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P
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P
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T.raporart, nonresident!al mob!'. homes reference 5.6
P
P
P
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P
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P
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Tier ]and 11 personal wireless faoWes reference 5.1.48
P
P
P
P
P
P
P
P
P
tsual and such'. appliances sales
P
P
P
P
P
P
P
P
P
Wa ske stands- elabte andagricultural odors reference 5.1.19
P
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Attachment IV
17
Original Proffer:
Amended Proffer: l
PROFFER FORM
Date: November 4, 2010
ZMA #: 'LMA 2010-006, Hollymead Town Center Area A-2
Tar: Map Parcel Numbers: 32-45 and 32-50
44.5 Acres to be rezoned from RA to NMD
In conjunction with the Application Plan entitled "ZMA Application Plan for NMD Portion of
Hollymead Town Center A-2," dated March 13, 2006, revised August 31, 2007 (the
"Application Plan" and the Amendment to the Application Plan entitled, "Amendment to the
General Development Plan for ZMA 2007-001," dated November 1, 2010 (the "Amended
Application Plan for Blocks B1, B2 and 134") and Hollymead Town Center Area A-2 ZMA
2010-006 Rezoning Application and the revised Code of Development approved in
conjunction with ZMA 2010-006.
Tax Map Parcel Numbers: 32-45 and 32-50, comprising 44.5 acres and also identified as
Hollymead Town Center Area A-2, are subject to rezoning application ZMA 2010-006 and to
this Proffer Statement (the "Property"). The Property is described with more particularity on
the Application Plan, which applies to all portions of the Property except for Blocks B1, B2
and B4, and the Amended Application Plan for Blocks B1, B2 and B4. The Application Plan
and the Amended Application Plan for Blocks B1, B2 and B4 are attached hereto as Exhibits
A and B, respectively.
The Owner of the Property is Route 29 LLC, a Virginia limited liability company (the
"Owner").
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors
acts to rezone the Property to Neighborhood Model District (NMD) as requested, the Owner
shall develop the Property in accord with the following proffers pursuant to Section 15.2-
2303 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the
Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of
the requested rezoning, and the Owner acknowledges that the conditions are reasonable.
These proffers supersede the proffers accepted in conjunction with ZMA 2007-001. If
rezoning application ZMA 2010-006 is denied, these proffers shall immediately be null and
void and of no further force and effect, and the proffers accepted in conjunction with ZMA
2007-001, as well as the Application Plan and the Code of Development approved in
conjunction with ZMA 2007-001, shall continue to apply to Hollymead Town Center Area
A-2.
Affordable Housing, The Owner shall provide affordable housing equal to twenty
V
percent (20%) of the total residential units constructed on the Property, in the form of for -sale
condominiums and townhouses, and for -rent condominiums, townhouses, apartments and
accessory units. At least 40% of the affordable units will be in the form of for sale
condominiums and townhouses. Each subdivision plat and site plan for land within the Property
shall designate the lots or units, as applicable, that will, subject to the terms and conditions of
this proffer, incorporate affordable units as described herein, and the aggregate number of
such lots or units designated for affordable units within each subdivision plat and site plan
shall constitute a minimum of twenty percent (20%) of the lots in such subdivision plat or site
plan.
The Owner may "carry-over" or "bank" credits for affordable units in the event an
individual subdivision plat or site plan designates affordable units that in the aggregate exceed
the twenty percent (20%) minimum for such subdivision plat or site plan, and such additional
affordable units may be allocated toward the twenty percent (20%) minimum on any future
subdivision plat or site plan, provided however, that the maximum number of affordable units
that may be carried over or banked shall not exceed twenty percent (20%) of the total units on
any subdivision plat or site plan. The Owner shall convey the responsibility of initially
constructing the affordable units to the subsequent owners of lots within the Property. With the
written approval of the County's Subdivision Agent, the Owner or its successors may revise
which lots and unit -types are designated on the subdivision plat or site plan that will contain
affordable units as provided under this proffer; provided that the number of the lots so
designated shall not be reduced. The actual owner at the proposed time of construction shall
offer units affordable to households with incomes less than eighty percent (80%) of the area
median income such that housing costs consisting of principal, interest, real estate taxes and
homeowners insurance (PITI) do not exceed thirty percent (30%) of the gross household
income.
A. For -Sale Affordable Units. Affordable units shall be affordable to households
with incomes less than eighty percent (80%) of the area median family income (the
"Affordable Unit Qualifying Income"), such that the housing costs consisting of principal,
interest, real estate taxes, and homeowner's insurance (PITI) do not exceed thirty percent
(30%) of the Affordable Unit Qualifying Income, provided, however, that in no event shall
the selling price of such affordable units be required to be less than the greater of One Hundred
Ninety Thousand Four Hundred Dollars ($190,400) or sixty-five percent (65%) of the
applicable Virginia Housing Development Authority (VHDA) maximum mortgage for first-
time home buyers at the beginning of the 90 -day identification and qualification period
referenced below. The Owner or its successors in interest may at its option provide down
payment assistance or soft seconds (silent second mortgages) to reduce the costs to the
homebuyer, so that the resultant first mortgage and housing costs remain at, or below, the
parameters described above. All financial programs or instruments described above must be
acceptable to the primary mortgage lender. Any soft second (silent second mortgage)
executed as part of the affordable housing proffer shall be donated to the County of
Albemarle (the "County") or its designee to be used to address affordable housing. Each
dwelling unit qualifying under these parameters counts as one (1) affordable unit.
I
B. For -Rent Affordable Units.
(1). Rental Rates. The initial net rent for each for -rent affordable unit shall
not exceed the then -current and applicable maximum net rent rate as published by the County
Housing Office. In each subsequent calendar year, the monthly net rent for each for -rent
affordable unit may be increased up to three percent (3%). For purposes of this proffer
statement, the term "net rent" means that the rent does not include tenant -paid utilities. The
requirement that the rents for such for -rent affordable units may not exceed the maximum
rents established in this Proffer 113 shall apply for a period of ten (10) years following the
date the certificate of occupancy is issued by the County for each for -rent affordable unit, or
until the units are sold as low or moderate cost units qualifying as such under either the
Virginia Housing Development Authority, Farmers Home Administration, or Housing and
Urban Development, Section S, whichever comes first (the "Affordable Term").
(2). Conveyance of Interest. All deeds conveying any interest in the for -
rent affordable units during the Affordable Term shall contain language reciting that such unit
is subject to the terms of this Proffer 2. In addition, all contracts pertaining to a conveyance of
any for -rent affordable unit, or any part thereof, during the Affordable Term shall contain a
complete and full disclosure of the restrictions and controls established by this Proffer 113. At
least thirty (30) days prior to the conveyance of any interest (other than for the securing of a
mortgage or deed of trust) in any for -rent affordable unit during the Affordable Term, the then -
current owner shall notify the County in writing of the conveyance and provide the name,
address and telephone number of the potential grantee, and state that the requirements of this
Proffer 113(2) have been satisfied.
(3). Reporting Rental Rates. During the Affordable Term, within thirty (30)
days of each rental or lease term for each for -rent affordable unit, the then -current owner shall
provide to the Albemarle County Housing Office a copy of the rental or lease agreement for
each such unit rented that shows the rental rate for such unit and the term of the rental or lease
agreement. In addition, during the Affordable Term, the then -current owner shall provide to
the County, if requested, any reports, copies of rental or lease agreements, or other data
pertaining to rental rates as the County may reasonably require.
2. Road Improvements. Within one (1) year after approval of ZMA 2007-001, the
following streets shall be completed:
A. Meeting Street from the intersection of Town Center Drive to the northern
boundary of Area A. Meeting Street will have two northbound and two southbound
travel lanes, one northbound and one southbound bicycle lane. Initially, one lane in each
direction may be utilized as on -street parking
B. Town Center Drive (Previously Access Road A) from the Eastern edge of the
NMD zoning boundary at the intersection of Meeting Street to its intersection with
State Route 606, also known as Dickerson Road. This section of Town Center Drive
shall be constructed to accommodate two travel lanes, with a cross section approved by
the county and VDOT in a minimum 60 -foot wide right-of-way.
3
For purposes of this Proffer 2, construction of each street shall be deemed complete
when it is ready to be recommended by the Albemarle County Board of Supervisors for
acceptance into the state -maintained system, and the Owner has obtained from the County
Engineer a written determination that the street is safe and convenient for traffic.
The road improvements listed herein shall be constructed in accordance with the NMD
Code of Development as approved as part of ZMA 2010-006 (which with respect to the road
improvements are the same as those contained in the Code of Development approved in
conjunction with ZMA 2007-001), and with road plans submitted by the Owner and approved
by the Virginia Department of Transportation ("VDOT").
3. Public Transit Ston Construction. The Owner shall construct two public transit stops
within Hollymead Town Center Area A-2. The location of the public transit stops shall be
identified on the Application Plan and retained in the County files. The locations shall be
approved by the Director of Planning prior to approval of the first subdivision plat or site plan
.for Hollymead Town Center Area A-2. Construction of the public transit stops shall occur in
conjunction with improvements for the subdivision plat or site plan or the public street plans
which include the area for the transit stops. The design of each public transit stop shall be
subject to approval by VDOT and the County Engineer, and shall include no less than 200
square feet of paved surface and two benches.,
4. Cash Proffer, Beginning with the 151st Market Rate unit, the Owner shall contribute
cash on a per dwelling unit basis for the purposes of finding Berkmar Drive Extended, other
County infrastructure, transportation, public safety, school, parks and library improvements.
The cash contributions shall be: $12,400 cash for each attached/townhouse/condominium
dwelling unit, other than an affordable dwelling unit ("Market Rate Unit"), and $11,900 cash
for each multifamily/apartment dwelling unit other than an affordable dwelling unit ("Market
Rate Unit"). Such cash contribution shall be paid at the time of the issuance of the building
permit for each new unit, unless the timing of the payment is otherwise specified by state
law.
Beginning January 1, 2008, the amount of each cash contribution required herein shall
be adjusted annually until paid, to reflect any increase or decrease for the preceding calendar
year in the Comparative Cost Multiplier, Regional City Average, Southeast Average,
Category C: Masonry Bearing galls issued by Marshall Valuation Service (a/Ic/a Marshall
and Swift) (the "Index") or the most applicable Marshall & Swift index determined by the
County if Marshall & Swift cease publication of the Index identified herein. In no event shall
any cash contribution amount be adjusted to a sum less than the amount initially established
by these proffers. The annual adjustment shall be made by multiplying the proffered cash
contribution amount for the preceding year by a fraction, the numerator of which shall be the
Index as of December 1 in the calendar year most recently ended, and the denominator of
which shall be the Index as of December 1 in the year preceding the calendar year most
recently ended. For each cash contribution that is being paid in increments, the unpaid
incremental payments shall be correspondingly adjusted each year.
5. Greenway. The Owner shall dedicate in fee simple a minimum 7.6 acre "greenway"
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to Albemarle County for public use. The dedication is identified on the Application Plan as
"Greenway Area dedication to Albemarle County," and shall include a strip of land that runs
along Powell Creek with a minimum width of 50 feet on the each side of Powell Creek,
subject to the limitations of the Property boundary. The dedicated area will also include all
flood plain area along Powell Creek within the Property boundary. The Owner shall complete
the improvements shown on the Application Plan and shall dedicate the Powell Creek
Greenway to the County at the time of the first site plan or subdivision plat approval. After it
is dedicated to public use, the Greenway Area shall continue to be included in the total area
of open space and amenities within the Property. If the Greenway is not dedicated by
subdivision plat, the Owner shall be responsible for the cost of a survey and preparing the
deed to convey the Greenway to the County.
6. Pocket Park. In conjunction with the subdivision plat or site plan that includes the
land described in this Proffer 6, the Owner shall establish an approximately 10,000 square
foot pocket park (the 'Pocket Park") located on the northern edge of Block B 1 fronting Town
Center Drive as shown on the Amended Application Plan for Blocks B1, B2 and B4, and shall
include all such improvements, landscaping and other features identified in the Code of
Development. The Pocket Park shall be included in the total area of open space and amenities
within the Property. The subdivision plat or site plan shall include a note stating that the
Pocket Park is reserved for future dedication to the County of Albemarle and, upon the
request of the County, the Owner shall dedicate in fee simple the Pocket Park to the County.
If the Pocket Park is not dedicated by subdivision plat, the Owner shall pay the costs of
surveying the Pocket Park, preparing one or more plats thereof and preparing and recording
one or more deeds of dedication.
7. Recycling Center or Other Community Facility. Upon the request of the County, the
Owner shall dedicate in fee simple a two (2) acre parcel of land for use by the County or its
designee as a Recycling Center, or other community facility identified in the CIP, to be located
in an area most appropriate for such use as agreed by the County and the Owner. If the land for
the Recycling Center or Community Facility is not dedicated by subdivision plat, the Owner
shall pay the costs of surveying the land, preparing one or more plats thereof and preparing and
recording one or more deeds of dedication.
8. Recreational Facilities. The Owner shall contribute $500.00 cash per residential unit,
to be paid at the time of issuance of each building permit unless the timing of the payment is
otherwise specified by state law, for the purpose of funding the expansion or new
development of regional outdoor recreational facilities as determined by the County Parks
and Recreation Department.
9. Critical Slopes, Erosion and Sediment Control and Stormwater Management.
A. Critical Slopes. The Owner shall apply for critical slope waivers for any roads
located in critical slopes governed by § 18-4.2 et seg, of the Albemarle County
Code.
B. Erosion and Sediment Control. The Owner shall, to the maximum extent
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practicable as determined by the County's Program Authority, provide additional
erosion and sediment controls to achieve a sediment removal rate of eighty
percent (80%) for the Property. (As a reference, current regulatory structural
measures achieve a 60% optimal removal rate.)
C. Revegetation. Within nine (9) months after the start of grading under any
erosion and sediment control permit, permanent vegetation shall be installed on
all the denuded areas, except for areas the Program Authority determines are
otherwise permanently stabilized or are under construction with an approved
building permit. A three (3) month extension for the installation of permanent
vegetation may be granted by the Program Authority due to special
circumstances including but not limited to weather conditions.
D. Stormwater. The Owner shall, to the maximum extent practicable as determined
by the County's Program Authority, provide additional stormwater management
to achieve a removal rate 20% better than would otherwise be required by the
Water Protection Ordinance (Albemarle County Code § 17-100 et seq.) up to a
maximum of an eighty percent (80%) removal rate for each phase.
10. LEED Standards for Core and Shell Development. The Owner shall cause the
commercial and mixed-use buildings in the Project to be designed and constructed to meet
minimum standards for certification (twenty-three (23) credit points) under LEED Green
Building Rating System for Core and Shell Development as set forth in the U.S. Green
Building Rating System, Version 2.0, July 2006. Prior to the issuance of a building permit
the Owner shall submit a certification from the LEED certified architect to the Director of
Community Development that the building plan meets LEED standards. Before the Owner
requests that a certificate of occupancy for any building for which a licensed architect rendered
such a certificate, the Owner shall submit to the County's Director of Community
Development a written statement from the architect that the building was built to the plans on
which the certificate was based.
11. Phasing Plan. Prior to the issuance by the County of a building permit that would
authorize the construction of any square feet of gross floor area (aggregate) of commercial and
office gross floor area within the Property, building permits shall have been issued by the
County for at least 100 dwelling units. Prior to issuance by the County of a building permit that
would authorize the construction of more than 200,000 square feet of gross floor area
(aggregate) of commercial and office gross floor area within the Property, building permits shall
have been issued by the County for at least 600 dwelling units.
12. Willow Glen Connection. Upon the request of the County, the Owners shall dedicate for
public use a public right-of-way determined to be appropriate by VDOT and the County
Engineer, extending from Town Center Drive to the Property's boundary with the proposed
Willow Glen development, as shown on the Application Plan and within Block C6 as shown on
the Block Plan (the "Willow Glen Connection"). Upon the request of the County, the Owner
shall grant all necessary drainage easements required for the Willow Glen Connection and all
temporary construction easements to appropriate parties, including the developer of the proposed
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Willow Glen development, to allow the construction of the Willow Glen Connection. Approval
of the County Engineer and the Owner for the location of the connection to Willow Glen may be
shifted from the area shown in the Application Plan to a more suitable location to both the
Owner and the County which still provides access from Willow Glen to Town Center Drive.
13. Community Development Authority. Upon the request of the County, Owner shall
petition for and consent to a Community Development Authority ("CDA") established pursuant
to Section 15.2-5152, et seq. of the Code of Virginia ("Code") to be created, excluding
residential property within the Property, for the purpose of financing, funding, planning,
establishing, constructing, reconstructing, enlarging, extending, or maintaining (except to the
extent VDOT maintains any public improvements) Route 29, and roads and other improvements
associated therewith.
WITNESS the following signature:
ROUTE 29 LLC,
a Virginia limited liability company
R 0. Box 5548
Charlottesville, VA 22905
By: %
[add signature on the line above and type name and insert title — either Manager or Member — on
this line]
COMMONWEALTH i VIRGINI ,
CITY/COUNTY OF � ���Kkk to -wit:
T�e for g mg instrument as acknowledged before me thisday of November,
2010, byl<� [insert title — either Manager or Member], of Route 29 LLC,
a Virginia limited liability company.f�
My Commission expires: <S6 1�3
Notary Public
Notary registration number: `ba � W
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