HomeMy WebLinkAboutZMA200500015 Proffers 2010-12-21Original Proffer: X
PROFFER FORM
Date: September 11, 2007
ZMA #: ZMA 2005-015 Hollymead Town Center Area A-1
Tax Map Parcel Numbers: 32-42A, 32-42C, 32-44 (portion), 46-5, and 32-45 (portion)
31 Acres to be rezoned from RA to PD -MC
Tax Map Parcel Numbers: 32-42A, 32-42C, 32-44 (portion), 46-5, and 32-45 (portion),
comprising approximately 31 acres are subject to rezoning application ZMA 2005-015 and to this
Proffer Statement (the "Property"). The Property is described with more particularity on a plan
entitled "ZMA Application Plan for PD -MC Portion of Hollymead Town Center — Service Area A -
Block Al" hereafter referred to as "the Project", prepared by Dominion Development Resources
LLC, dated March 13, 2006 (revised May 23, 2007), and attached hereto as Exhibit A (the
"Application Plan"). The Owner of the Property is HM Acquisition Group, LLC; a Virginia limited
liability company (the "Owner").
The Owner hereby voluntarily proffers that iM�eAlbemarle ercial (PD -MC) as requested,psors
the
acts to rezone the Property to Planned Development
ac, with the following proffers pursuant to Section 15.2
Owner shall develop the Property in a -
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. If rezoning application
ZMA 2005-015 is denied, these proffers shall immediately be null and void and of no further force
and effect.
1. Road Improvements - To the extent not currently completed, the Owner shall design, construct
and dedicate to public use for acceptance by VDOT, the following:
The road improvements listed herein shall be constructed in accordance with road plans submitted
by the Owner and approved by the Virginia Department of Transportation ("VDOT"). All of the
foregoing improvements shall be constructed to VDOT design standards pursuant to detailed plans
agreed to between the Owner, the County and VDOT. Except for Meeting Street and Town Center
Drive as indicated in D. below, the road plans will be submitted to VDOT and the County with the
first site plan or subdivision plat, ands will bel constructed
ion plateex except as depted by 0T within two years
scribedm paragraph
from the date of approval of the first p
D. below:
A. A continuous right turn lane on Route 29 southbound from the intersection of Town Center
Drive to the southern boundary of Area A.
B. Meeting Street from the intersection of Town Center Drive to the southern boundary of the
Property.
C. An entrance to Route 29 southbound (right in / right out only) in the area to the south of building
B, as shown on the Application Plan.
D. Within one (1) year after the date of approval of this rezoning, the following streets shall be
completed:
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.
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.
For purposes of this Proffer D., construction of each street shall be deemed complete when it is
ready to be recommended by the Albemarle a obtained Board
fromupervisors t County foracceptance
ca lnto the
written
state -maintained system, and the owner h
determination that the street is safe and convenient for traffic.
2. Regional Transportation Study - The Owner shall contribute $59,000.00 cash to the County or
VDOT for the purposes of funding a regional
riorrtophe first site studyortation an approval for the
for Area Acorridor. The
$59,000.00 cash contribution shall be made, p p
ne
3. Public Transit Stop Const
a A 1 t1The location
of the publiwner shall c transit nstruct stopphalpublic
be identified on
hin
Hollymead Town Center Area the
approved Application Plan and retained in the County files. The location shall be approved by the
Director of Planning, prior to approval of the first subdivision plat or site plan for Hollymead Town
Center Area A-1. Construction of the public transit stop shall occur in conjunction with
improvements for the first site plan or the public street plans which include the area for the
transportation stop. The design of the public transit stop shall be subject to approval by VDOT and
the County Engineer, and shall include no less than 200 square feet of paved surface and two
benches.
4. Public Transit Operating Expenses - Within thirty days after demand by the County after
public transportation service is provided to the Project, the Owner shall contribute $50,000 cash to
the County to be used for operating expenses relating to such service, and shall contribute $50,000
cash to the County each year thereafter for a period of nine (9) additional years, such that the cash
contributed to the County pursuant to this Proffer 4, shall total Five Hundred Thousand Dollars
($500,000). The cash contribution in years two through ten shall be paid by the anniversary date of
the first contribution.
5. Intersection Analysis - The Owner shall submit an analysis of the Conner Drive and Town
Center Drive intersection with the first site plan for the Project. The analysis shall be prepared by a
qualified traffic engineer for the purpose of determining when the intersection would need to be
2
signalized. The analysis should take a five (5) year projection to determine, based on the submitted
site plan, when the intersection would require a signal. The analysis shall be submitted for review
and approval by the County Engineer. If that analysis concludes the need for the intersection to be
signalized within the five (5) year projection period, the Owner shall pay for the cost of the signal
and synchronization when VDOT determines the signal is needed.
Community Development Authority - Upon the request of the County, the Owner shall
6.
petition for and consent to a Community Development Authority ("CDA") established pursuant to
Section 15.2-5152, et seq. of the Code of Virginia ("Code") to be created for the purpose of
financing, funding, planning, establishing, constructing, reconstructing,
improvements) Route
ext29,ending, or
and roads
maintaining (except to the extent VDOT maintains any p p
and other improvements associated therewith.
7. 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 seq. of the Albemarle County Code.
B. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable
as determined by the County's Program Authority, provide additional erosion and
sediment controls to achieve a sediment removal rate of eighty percent (80%) for the
Property. (As a reference, current regulatory structural measures achieve a 60%
optimal removal rate.)
C. Revegetation. Within nine (9) months after the start of grading under any erosion and
sediment control permit, permanent vegetation shall be installed on all the denuded
areas, except for areas the Program Authority determines are otherwise permanently
stabilized or are under construction with an approved building permit. A three (3)
month extension for the installation of permanent vegetation may be granted by the
Program Authority due to special circumstances including but not limited to weather
conditions.
D. Stormwater. The Owner shall, to the maximum extent practicable as determined by
the County's Program Authority, provide additional stormwater management to
achieve a removal rate 20%
better e County Code § 17-100 would lse et be
reuui�odabmaximumWater
of
Protection Ordinance (Albg.) p
an eighty percent (80%) removal rate for each phase.
g. Greenway Dedication - The Owner shall dedicate in fee simple a minimum 4.5 acre
"Greenway" to Albemarle County. The land to be dedicated as the Greenway is identified on the
Application Plan as "G7,eenI4)ay ,4rea dedication to Albemw-le County", and shall include all flood
plain area along Powell Creek. The Owner shall complete the improvements shown on the
Application Plan and shall dedicate the Greenway to the County at the time of the first site plan or
subdivision plat approval. The Owner shall be responsible for the cost of a survey and preparing
the deed to convey the Greenway to the County.
ib
9. Greenway Connection - Upon the request
s to and f the � osts �forea0signah edl at -grade pedestrian cash to the County to provide pedestrian acces
3
crossing across Route 29 to connect Hollymead Town Center with Hollymead Drive. The final
location and construction elements for the trail shall be determined by the Director of Parks and
Recreation in consultation with the County Engineer. The location for the at -grade crossing and
signal shall be determined by the County Engineer in consultation with the Director of Parks and
Recreation and VDOT.
10. LEED Standards for Core and Shell Development - The Owner shall cause the commercial
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 a LEED certified
architect to the Director of Community Development that the buildings meet 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. Additional Public Space - The Owner shall construct a plaza area, as identified as "Plaza
Amenity" on the Application Plan, within the Project of no less than 5,000 square feet for the
purpose of public gathering and passive outdoor recreation. The plaza shall contain areas of
permanent outdoor seating, a water feature, and landscaping, the design and construction which
shall be subject to final site plan review and subject to the satisfaction of the Director of Planning.
WITNESS the following signature:
HM ACQUISITION GROUP, LLC
By: HM Capital Group, LLC, Manager
By: Octagon Partners, LLC, Authorized Agent
By: P. VV
Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF eharIt, tfesV /! e , to wit:
The foregoing instrument was acknowledged before me thisOP"day of S 0- P t, 2007 by
:!-C) )'/V Manager of Octagon Partners, LLC, a Virginia limited liability company as
w i I pct rnsa1v,
manager of HM Capital Group, LLC a Virginia limited liability company as manager of the Owner,
HM Acquisition Group, LLC.
My Commission expires: 1 3 / Z
Notary Public `
EcoTTnmisgM
JORDAN
y Pubtle
My
atth of virglnla�
4794
4
S Plrw Oct 31.21110