HomeMy WebLinkAboutLZC201500017 Action Letter 2015-09-10COUNTY OF ALBEMARI.E
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone 434) 296-5832 Fax (434) 972-4126
September 9, 2015
Via Email
trisha@draco-i.com
Trisha Ray
DRACO International
878 Sunset View Blvd.
Tallmadge, Ohio 44278
Re: LZC2015-17— Hollymead Town Center -163 Community Street (the "Property"), Tax
Map/Parcel No. 03200-00-00-04300
Ms. Ray:
We have examined our records with respect to tnat certain parcel of real property located in
Albemarle County, Virginia (hereinafter, the "Property") referenced above . On behalf of the
Zoning Administrator for Albemarle County, I hereby certify the following information:
The Property is currently zoned Planned Development Mixed Commercial ("PDMC")
and is located in the Entrance Corridor Overlay District ("EC") and Airport Impact
Area ("AIA"). PDMC allows a mixture of commercial uses as well as office uses.
The Property is classified as Town Center in the Comprehensive Land Use Plan.
Should you wish to view the Zoning Ordinance Sections they can be found here:
htt ://www.albemarle.or /de artment.as ?de artment=ct at &rel a e=2127
2. The Property is the subject various rezonings, the most recent being ZMA2006-0007
and subject to proffered conditions. The property is also subject to SP2005-0005
allowing for veterinary and grooming services. Those conditions are attached.
3. The site was developed in accord with SDP2003-081. There have been several
minor amendments and letter of revisions.
4. According to our records all buildings contain certificates of occupancy and
appropriate zoning clearances.
5. There are no open zoning violations or code enforcement cases on the subject
property.
Please contact this office if you have any questions or require further information. Any
copies not attached must be requested from our records manager due to size or volume.
Should you wish to receive copies of any of the abovementioned materials, please contact
Paul Bjornsen at 434-296-5832 or pbjornsen@albemarle.org.
Sincerely,
U
Sarah D. Baldwin
Senior Planner
Designee to the Zoning Administrator
Attachments: ZMA2006-7
SP2005-5
Original Proffer__,
Amended Proffer
(Amendment '1200 X1'1
PROFFER FORM
Date- jkj_WLk,
7.MA # 2006 07
Tax Map and Parcel Nurnbt s}- L2=�3. 3'.-435. 3243C. 32-43D
24.26 Acres to be rezoned from PD -MC to PD, -
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby
voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are
proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning, ":[self' gives rise to the need for the
conditions; and (2) such conditions have a reasonable relation to the rezoning request.
I Development shall -be in general accord with the Application Plan entitled Rezoning Application Plans for
Hullyrn"d Town Center Regional Service Area B, (Sheets A-1, A-2, and A-6 of7 only), prepared by Rivanna
Engineering & Surveying, PLC. revised February 15, 2002, last revised April 29, 2003 fi:Applicwior Plan").
The owners have presented, as pan aftheir rezoning applications, a number of conceptual plans and illustrations
for various purposes, but principally to provide justification for the rezoning actions they are seeking. Unies;
specifically referenced in these proffers, all plans and illustrations submitted as part of Applicant's rezoning
application, other than the Application Plan as defined above, shall be deemed illustrative only, and such plans
and illustrations shall nol.be deemed proffers. The owners reserve the right to renonfigure the outpareel
improvements, consiving.of buildings, parking and drive aisles and drive-through window features that are the
subject of SP 01-6..3 and SP 01-64 and as shown on the Application Plan in order to: i) comply, with conditions
imposed by such Special Use Permits, and ii) assure compliance with ARB requirements.
2, The owners of Area B, as shown on the Application Plan (the "Owner") shall cause completion, of the following
road improvements:
A. Access Road A, as depicted or, the Application Plan, across from the Hollymead Memorial Gardens
Cemetery at US Route 29 up to the western boundary of Area B. This shall include the two eastbound
lanes located on Area A pursuant to road plans approved by the Virginia Department of Transportation
(" 'DOT") and the County m pan of the Area B site plan. Access Road A also shall include dual left
and dual right tum lanes ar the intersection with Route 29,
B. Dual icft tum lanes at the intersection ufkoum 29 and Access Road A, from northbound Route 26
into Access Road A. The dual left turn lanes and signalization at Route 29 and Access Road A shall
include median cut and cross-over corst:vetion at the Hollymead Memorial Gardens Cemetery
location, (the "Cross-over") as scheduled in coordination with VDOT. The Owner also proffers to
construct a single southbound left tun; lane on Route 29 at the intersection (to allow left tum
movement ime- the cemetery). All tun: movements shall be signalized at the intersection of Route 29
and Access Road A, as approved by VDOT.
C. The Ow.wr shall dedicate land, if necessary, and construct a cominuaus Tibht turn, lane or, Route 24
southbound frorr, the northem boandar} orthe Proper -,% to the entrance road, (Access Road A The
Owner proffers to construct a third suuthbound through lane on Route 29 from the northern, boundary
of the Prepern it, the entrance road. (Access Road A) and beyond the entrance road, iAccess Road A)
lot a distance of 1000 feet.
D. The southbound through lanes of Route 29 shall be re-coustructed to the profile grade of the
northbound lanes to meet adequate sight distance requirements at the Crossover,. based upon a 50 mile
per hour design speed and a maximum 4 percent cross -slope requirement.
E. A third northbound through lane shall be constructed an Route 29, 1000 feet in length on each side
of the Cross -aver.
The road improvements listed in 2A, ?B, 2C, 2D and 2E above shag be constructed, in accordance
with road plans submitted by the Owner and approved by VDOT. All of the foregoing improvements
shall be i) constructed to VDOT design standards pursuant to detailed plans agreed to between the
Applicant and VDOT, and fl) accepted by VDOT for public use or bonded for VDOT's acceptance as a
condition for issuance of any certificate of occupancy for Area B fimprovements. The width, length,
(except as specified in 2C and 2E above) location, (inside median or outside existing pavement), type
of section (e.g., urban vs. rural), and geometries of all leap improvements shal I be as required by
VDOT design standards and detailed plans submitted by the Owner and approved by VDOT.
3, The Owner shall cause to be constructed and dedicated the segment of Access Road A from the western
boundary of Area B to its intersection with State Route 606, also known as Dickerson Road and as shown on
the attached map entitled Future Roads, dated July 15, 2003 ( bit "). Construction of this section of
Access Road A shall be completed for acceptance by VDOT for public use and dedication of a minimum 60 -
foot -wide right-of-way and all necessary easements have been dedicated to the County within three (3) years
from the date of approval of ZMA-01-019. This section of Access Road A shall be constructed to
accommodate two travel lanes (one in each direction). Notwithstanding the foregoing, the road proffers
described in this paragraph 3 shall be satisfied if plans for all such road improvements have been submitted for
review by VDOT and, although such improvement$ are not accepted by VDOT for public use within three (3)
years from the date of approval of ZMA-01-D19, sufficient bond has been supplied to satisfy all costs to
complete such improvements in accordance with plans approved by VDOT, Further, the road proffers
described in this paragraph 3 shall be satisfied Wand when any portion of Area A is rezoned, and the owner of
Area A makes a proffer binding Area A, or any portion thereof to all the obligations contained in this proffer 3.
4. The Owner also shall cause to be constructed and dedicated Meeting Street (formerly referred to as Ridge
Road) from its intersection with Access Road,A (Hollymead Town Center Drive) to the northern boundary of
Area A (with Area C), as shown in blue on gZhLhit A. Construction of the section of Meeting Street as shown
on Exhibit A shall be completed foracceptance by VDOT for public use within two C—') years atter the issuance
ora certificate of occupancy for Area B, by June 15, 2007. This section of Meeting Street shall be constructed
initially to accommodate two'tmvel lanes (one in each direction) and a bicycle lane only (without parallel
parking and sidewalks). The area to be dedicated, however, shall be not less than sixty (60) feet in width to
allow future widening. No certificate of occupancy shall be issued for any use within Area B until the segment
of Meeting Stmt required to be constructed by this proffer is either constructed to VDOT's standards, or a
suffteiem bond or other form of surety is provided to the County in an amount sufficient to assure its
construction and VDOT's acceptance. If the owners of Area A refuse after request from the County to dedicate
land sufficient for Meeting Street as contemplated herain, then the Owner shall pay the costs to acquire such
land, which costs shall include VDOT's normal costs ofacquiring by condemnation, including land acquisition.
onginecring, surveying, reasonable attorneys fees, and the cost of construction ofthis section of Meeting Street,
and other related expenses.
5. Owner proffers to contribute S50,000.0D to the County or VOOT, on behalf of Area B and Area A for
the purposes of funding a regional transportation study for the Route 29 corridor. The S50,000.00 contribution
shall be made within thim (30) days after requested by the County following site plan approval for Area B and,
i f not expended for such purpose after three (3) years from the date the funds were contributed such funds shall
be refunded to the Owner.
& 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 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, which shall include, but may not be limited to, improvements to
Route 29 from the South Fork ofibe Rivanna River to Airport Road or the extension of Ridge Road as depicted
on Exhibit A to the south end across the Rivanna River ro connect to Berkmar Drive. This proffer shall only
apply if all ofthe owners ofthe lands subject to ZMA-01-018, ZMA-01-19, 7—MA-0 1-020, and ZMA-021.002, as
such applications exist on July t6, 2003, excluding residential
property, have joined or been caused to join the same or a similar CDA for the purposes described herein. This
proffer shall apply only if, at the time of the formation ofthe CDA, the rate of an) special tax imposed shall be
uniform and shall not exceed twenty-five cents (S.25) per $100 of the assessed value of any taxable real estate
within the CDA, unless all the owners within the CDA subsequently consent to any proposed rate or level of
assessment otherwise.
3. There shall be two (2) pedestrian wolkwaysrgrade arms located within parking areas depicted on the
Application Plan, located to the satisfaction ofthe Director of Planning and Community Development. These
pedestrian walkwaysl grade arms within the parking areas shall be tree -lined, by planting street treat at least
every fitly feet (50') on center.
Submitted as of the 1 IL' day of Ottober, 2006, by;
[REMAINDER OF PACE LEFT INTENTIONALLY BLANK; SIGNATURE PAGES To FOLLOw.1
HOLLYMEAA TOWN CEN7ER, LLC,
a Delaware limited liability compan}
By: Regency Realty Group, Inc., a Florida corporation,
Its Manager
By. `bate: tO{�OptS4
Its: — r
TARGET CORPORATION, a Minnesota corporation
By: Date:
Name:
Title:
If you intend to proffer to limit the uses of your property to same ofthe uses permitted within the property's proposed
zoning district, the County suggests that your proffer contain the standardized introductory language set forth below.
For Proffers that will rdstrict the uses ofthe property to certain specified permitted uses and/or those uses authorized by a
special use permit the following language is suggested:
Permitted uses of the property, andlor uses authorized by special use permit, shall include only the following
sections) of the Albemarle County Zoning Ordinance in effect on (insert date of proffer), a copy of the
section(s) being attached hereto:
(State section number and the use associated with that section)
For proffers that will allow most ofthe uses permitted in the zoning district, but will exclude some, the following
language is suggested:
Permitted uses ofthe property, and/or uses authorized by special use permit, shall include only those uses
al lowed in section(s) (insert section number(s)) ofthe Albemarle County Zoning Ordinance in effect on (insert
date ofthe proffer), a copy of the sections) being attached herein, except the following:
(State section number and the use associated with that section)
Z'he date ofthe proffer should be the date that your application will be considered by the Albemarle Count) board of
Snpmisors.
By including the use associate with it section number the County µill be able to verify what is being proffered so that
there is no dispute (e.g., as a result ofa typographical error) whether, the proffered use was intended to be included or
excluded.
14OLLYMFAD TOWN CENTER. LLC,
a Delaware limited liability company
By: Regency Realty Group, l lorida corporation,
Its Manager
By. bate: z"/04
Ito:
TARGE CORDO ON, a Minnes a c ration
By: bare: TIS' Q I
Name: Ter aid
J� tan Secretary
Title:
if you intend to proffer to limit the uses of your property to some of the uses permitted within the property's proposed
zoning district, the County suggests that your proffer contain the standardized introductory language set forth below.
For Proffers that will restrict the uses of the properly to certain specified permitted uses and'or those uses authorized by a
special use permit the following language is suggested:
Permitted uses orthe property, and/or uses authorized by special use permit, shall include only the following
section(s) of the Albemarle County Zoning Ordinance in effect on (insert date ofproffer), a copy of the
section(s) being attached hereto:
(State section number and the use associated with that section)
For proffers that will allow most of the uses permitted in the zoning district, but will exclude some, the following
language is suggested:
Permitted uses or the property, nnd:or uses authorized by special use permit, shall include only those uses
allowed in section(s) (insert section number(s)) of the Albemarle County Zoning Ordinance in effect on (insert
date of the proffer), a copy of the section(s) being attached hereto, except the following:
(State section number and the use associated with that section)
The date of the proffer should be the date that your appliation will be considered by the Albemarle County Board of
Supervisors.
By including the use associate with a section number the County will be We to verify what is being proffered so that
There is no dispute (e.g., as a result of a typographical error) whether the proffered use was intended to be included or
excluded.
M
LECLAIR RYAN
ATT01XBYSAT L"
A Pmfe xionar Gurpuradar
LORI H. SCHWELLER
PA nn
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D� Disk 434.245.3446
F AN-�
Daccr ru 434244.0905
October 23, 2006
17A HAND DELIVERY
Mr. Sean Dougherty
Countv of Albemarle
401 Melntire Road, Room 227
Charlottesville. VA 22902
Re: Holl ead Town Center Re io Service Area B Amended Proffers
Dear Sean:
Enclosed are fully -executed originals of the amended proffers for Hellymead Town Center
Regional Service Area B, changing completion date for Meeting Street to June 15, 2047.
Piease let me Mow if you need additional information or have questions regarding the
enclosed. Thank you very much.
Very truly yours,
Lori H. Schweller
Enclosures
cc: Mr- Wendell W. Wood, Registered Agent for Hlv1 Acquisitions, L.L.C.
Mr. Jeff Dierman. Dierman Realty Group, LLC
Mr. John D. Fitzpatrick, Regency Centers
Mr. I. P. Williamson, Jr., Octagon Partners, L.L.C.
Ms. Laurie Jones, Target Corporation
Lila Shapiro C}T, Esq-, Ballard Spahr RECf I V E D
OCT 23 2006
COMMUNITY DEVELOPMENT
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Read, Room 227
Charlottesville, Virginia 2290245%
Phone (434) 296-5823 _ „ . Fax (434) 9724126
.tune 16, 2005
Tara Boyd
LeClair Ryan
123 E. Main Street, 8th Floor
Charlottesville, VA 22902
RE: SP 2003-00005 PetsMart; Tax Map 32 Parcel 43
Dear Ms. Boyd:
On June 1, 2005, the Albemarle County Board of Supervisors took action on SP 2005-
00005 to allow 2,500 square feet of a 23,000 square -foot retail building located in the
Hollymead Town Center for a veterinary clinic, grooming facility and periodic pet
adoption services in accordance with Section (s) 25A.2.2-1, 22.2.2-5 & 24.2.24 of the
Zoning Ordinance, which allows for veterinary office and hospital use in a PD -MC,
Planned Development -Wed Commercial, C-1, Commercial & HC, Highway Commercial
district(s). The property, described as Tax Map 32 Parcel 43 is located in the Rio
Magisterial zoning district. This special use permit was approved based on the following
conditions as recommended by the Planning Commission:
1. The veterinary services (as shown on the concept plan entitled Major Site Plan
Amendment for Hollymead Towncenter, Area B, Rio District, Albemarle County,
Virginia prepared by Rivanna Engineering & Surveying, PLC. and dated
December 6, 2004) located at Outparcet H shall be limited to not more than
twenty-five hundred (2,500) square feet; and
2. There shall be no outside runs or kennels.
Please be advised that although the Albemarle County Board of Supervisors took
action on the project noted above, no uses on the properly as approved above
may lawfully begin until all applicable approvals have been received and
conditions have been met This Includes:
• compliance with conditions of the SPECIAL. USE PERMIT"; and
• approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued
is not commenced within twenty-four (24) months from the date of Board approval, it
shall be deemed abandoned and the permit terminated. The term "commenced" means
"construction of any structure necessary to the use of the permit.'
If you have questions or comments regarding the above -noted action, please do not
hesitate to contact Keith Lancaster at 296-5632.
Sincerely,
V. Wayne limberg
Director of Planning
Planning Division
VWC/aer
Cc: River Heights Associates Limited Partnership
P O Box 5548
Charlottesville, VA 22905
Amelia McCulley
Will Fritz
Tex Weaver
Chuck Proctor
Keith Lancaster