HomeMy WebLinkAbout2003-10-22 ACTIONS
Board of Supervisors Meeting of October 22, 2003
AGENDA ITEM/ACTION
October 23, 2003
ASSIGNMENT
1. Call to Order.
· Meeting was called to Order at 6:00 p.m, by the Chairman, Mr.
Dottier. All BOS members were present. Aisc present were
Robert Tucker, Larry Davis, Wayne Cilimberg and Georgina
Smith.
4. From the Public: Matters Not Listed on the Agenda.
· There were none,
5.1 Request to install 'Child At Play" signs in Western Ridge
Subdivision.
· APPROVED the installation of"Child At Play" signs in Western
Ridge Subd. iv. isionr.
6. ZMA-2001 .-007. Albema .rle Place (si,qns ~43, $7&66}. Public
hearing on a request to rezone 63.7 acs from HC & L! to NMD
(Neighborhood Model District) to allow 1,8 million square feet
mixed-use development. TM 61W, Sec 3, Ps 19A, 19B, 23, &
24, is Icc at the corner of Rt 743 (Hydraulic Rd) & Rt 29 North.
(The Comp Plan designates this property as Regional Service
in Neighborhood 1 .) Jack Jouett Dist.
· APPROVED ZMA 01-07 with proffers dated October 22, 2003
and the amended Exhibits presented on October 22, 2003 and
the Application Plan dated October 15, 2003.
· APPROVED the Waivers as presented by staff in the
memorandum dated September 2, 2003.
7. From the Board: Matters Not Listed on the Agenda.
· Mr. Dorrier mentioned that he received a phone call in
reference to the BestBuy's grand opening on October 30 and
Board members have been invited to the dbbon cutting
ceremony.
· Ms. Thomas said Hope Garden will be holding its Apple
Harvest Festival on November 1. She also stated that the MPC
will be receiving an award at its annual meeting in Washington,
DC. in addition she haS as been invited to sit on a panel for
. interagency ~cooperation.
8. Adjourn.
· At 7:20 p:m., the meeting was adjourned.
/gas
Clerk: Fon~ard adopted resolution to Juandiego
Wade for implementation. (Attachment 1)
Affachment 1 - Resolution
Attachment I
RESOLUTION
WHEREAS, the residents of Western Ridge subdivision are concerned about traffic in their
neighborhood and the potential hazard it creates for the numerous children that live in
the subdivision; and
WHEREAS, the residents believe that a "Child At Play" sign would help alleviate some of the
concerns;
NOW, THERE FORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
hereby supports the community'S requests for VDOT to install the necessary "Child At
Play" signs on Lake Tree Lane, Old Fox Trail, Autumn Hill Court, and Spring Cove Lane
as noted on the attached map.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Western Ridge Subdivision
Child At Play Signs
SU BJECTIPROPOSALIREQUEST:
AGENDA DATE:
Octo'ber 22, 2003
ITEM NUMBER:
Request to install "Child At Play" signs in the Westem
Ridge subdivision on several streets
STAFF CONTACT(S):
Messrs. Tucker, Foley, Cilimberg, Benish, Wade
ACTION: IN FORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS:~
REVIEWED BY:
BACKGROUND:
The Western Ridge Homeowners Association has requested that VDOT install several Child At Play signs on the following
roads:
· Lake Tree Lane
· Old Fox Trail
· Autumn Hill court
· Spring Cove Lane
This request requires a resolution of support from the Board of Supervisors to VDOT.
DISCUSSION:
Consideration of this request requires evaluation of the following issues per County policy:
1. "Child At Play" si,qns shall only be considered on secondary roads. All the roads requested by the association are
Subdivision streets in the Secondary Road System.
Lake Tree Lane - Rt. 1251, Old Fox Trail - Rt. 1253, Autumn Hill Court - Rt. 1257, and
Spring Cove Lane - Rt. 1254
2. The request must come from a Homeowner's Association where applicable. Please find attached a letter from the
Western Ridge Homeowners Association.
There must be child activity attraction nearby for the sign to be considered. There are no specific child attractions on
Old Fox Trail, Autumn Hill Court, or Spring Cove Lane. However, neighborhood attractions include the pool, clubhouse,
tennis court, and play areas located on Lake Tree Lane. Pedestrians must walk in the roads of side streets including Old
Fox, Autumn Hill and Spring Cove to reach Lake Tree Lane.
There are also school bus stops on Lake Tree Lane where it intersects with Old Fbx Trail, Autumn Hill Court, and Spring
Cove Lane. Staff believes this request meets this criterion.
4. The installation of the sign shall not conflict with any existing traffic control devices. The proposed location of the signs
will not conflict with any existing traffic control devices.
RECOMMENDATION:
Staff r~commends the Board of Supervisors endorse the attached resolution supporting the installation of Child At Play on
the streets noted above.
03.131
RESOLUTION
WHEREAS, the residents of Western Ridge subdivision are concerned about traffic in their
neighborhood and the potential hazard it creates for the numerous children that live in
the subdivision; and
WHEREAS, the residents believe that a "Child At Play" sign would help alleviate some of the
concerns;
NOW, THERE FORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
hereby supports the community's requests for VDOT to install the necessary "Child At
Play" signs on Lake Tree Lane, Old Fox Trail, Autumn Hill Court, and Spring Cove Lane
as noted on the attached map.
I, Ella W. Carey, do hereby certify that the foregoing wdting is a true, correct copy of the
Resolution duly adopted by the Board of County Supervisors of Albemarle County by a vote of
six to zero on October 22, 2003.
Cl~,, I~'oard of ~'t~pervls°~
September 9, 2003
Jennifer Thaxton / Acting For Western Ridge Homeowners Assoc.
1076 Autumn Hill Court
Crozet, VA 22932
434-823-6248
Dear Mr. Wade,
Please find enclosed the map you provided for marking our "wish list" for
Western Ridge. You will find requests for painted crosswalks, children at play signs,
reduced speed limit signs, and our ultimate proposal for a 4-way stop sign at the
intersection of Lake Tree Lane and Autumn Hill Court-Spring Cove Lane. We sincerely
appreciate your attention to these matters, as our joint goal is for the safety of our
community residents. Please feel free to contact me with any questions at the above
number.
Kind regards,
Western Ridge Homeowners Association
Western Ridge
BEAVER
HILL MHP
BEAVER
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WESTERN '"x. '"'--
RIDGE
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0 275 550
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PREPARED BY: -OFFICE OF OF GEOGRAPHIC DATA SERVICES (GDS) ~ I Feet
THIS MAP IS FOR DISPLAy PURPOSES ONLY. 6/9/2003 !
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Hiilsdale Drive Safety Improvement Grant Proposal
SUBJECT/PROPOSAL/REQUEST:
Information to the Board of Supervisors of staff intent to apply
for VDOT Pedestrian and Bicycle Safety Funds
STAFF CONTACT(S):
Messrs.,Tucker, Foley,Cilimberg,Benish,Wade
AGENDA DATE: ITEM NUMBER:
October 22, 2003
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS: Yes
REVIEWED BY:
INFORMATION: X
,BACKGROUND:
The County has the opportunity to apply for bicycling and pedestrian safety funds from VDOT for up to $500,000.
These funds are different from the Enhancement Grant that the County recently applied for. VDOT has developed the
Bicycle and Pedestrian Safety Program to spec'rlically address safety issues.
The purpose of the Bicycle and Pedestrian Safety program (BPS) is to implement safety projects addressing bicycle and
pedestrian crashes or the potential for crashes in Virginia. The safety projects target the reduction in the number and
severity, or the r~sk of and exposure to, crashes at or near locations, sections, and elements on any public road, pathway,
or trail. The intent of the program is to promote improvement projects that address a known safety problem, are small in
scale, and can be completed quickly. The deadline for this program is October 31,2003.
,,,D,, ISCUSSlON:
Staffwill submit an application seeking funding under this program for safety improvements on Hillsdale Drive as
proposed in the Hillsdale Drive Traffic Safety Study. This project was chosen because 0fthe potential pedestrian safety
concerns along Hillsdale Drive given the presence of a significance elderly population in the area. it is also identified in
the County's Capital Improvements Program (CIP) and the safety study offers specific recommendations for
improvements, which have public support. The City and MPO have indicated they will support our application.
This program does require a 10% match. The Hillsdale Drive project is currently scheduled for sidewalk improvements
for FY 2004~05 in the ClP. Staff will use these funds to secure the 10% match. If successful, staff will be able to re-direct
funds allocated for Hillsdale Drive improvements to pedestrian and bicycling project sin the Crozet.
RECOMMENDATION:
This is for information purposes only. No action by the Board is necessary.
AGENDA TITLE: Albemarle Place ZMA 0'1-07 -
Rezoning request
SUBJECT/PROPOSAL/REQUEST:
Request to rezone 63.7 acres from C-1 (Commercial) and
LI (Light Industry) to NMD (Neighborhood Model District) to
allow a 1.8 million square feet mixed-use development.
The properties, described as Tax Map 61W-3 Parcels 19A,
19B, 23, and 24, are located in the Jack Jouett Magisterial
District at the corner of Hydraulic Road (Route 743) and
Route 29 North. The Corn prehensive Plan designates this
property as Regional Service in Neighborhood 1.
STAFF CONTACT(S): Mr. Cilimberg, Mr. Foley, Mr.
Barnes;
RECEIVED AT BOS MEETING
Date:
Agenda Item #:
COUNTY OF ALBEMA F_.;Enitia s'
EXECUTIVE SUMMARY
AGENDA DATE:
October 22, 2003
ACTION:
ITEM NUMBERS
X INFORMATION
CONSENT AGENDA:
ACTION:
INFORMATION
ATTACHMENTS:
Yes
REVIEWED BY:
This executive summary provides the Board with two minor changes to the proffered
exhibits and public comments received by the Planning Department prior to tonight's
meeting.
Proffers
The County Attorney's office requested that wording on two of the proffered exhibits
(Exhibit E and G) be amended to reflect the language in the body of the proffer
document. The changes are:
· Amending Exhibit E's legend to provide for a more descriptive reference between
reservation areas (A and B) and proffers #9 and #10;
· Amending Exhibit G to add a more descriptive label for the area to be dedicated
(Area A).
Public Comment
Three sets of public comments have been provided to the Planning Department. They
deal with three major topics: landscaping along the western boundary of the
development, traffic impacts to the Hydraulic/Route 29 intersection, and imposing a
CDA on.the Comdial Factory. The public comments are attached.
Attachments
A. Revised Proffer Exhibits E and G
B. Public Comments
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Re: Albemarle Place
Michael Barnes
To: Frank Cox
Subject: RE: Albemarle Place
Page 1 of 3
..... Original Message ....
From: Frank Cox [mailto:FrankCox~TheCoxCompany. Biz]
Sent: Wednesday, October 22, 2003 10:27 AM
To: Jeanne K. Cross
Cc: bmac@addr, com
Subject: Re: Albemarle Place
Dear Mr. Cross,
One thing that I failed to mention in yesterday's response is that the Planning Commission does, in fact, have the
oppommity to schedule public meetings on site plans. The final landscape architecture plan ~s one element of the site
plan requirements.
More to the point, we would be more than willing to sit down with you and your wife as well as any others in the
neighborhood in advance of finalizing and filing the detailed landscape and buffer plan to ensure that the plan
addresses those elements that are important to all of us. I think that this would be the best way to get at the issue of
"appropriateness". We have very talented landscape architects and I believe we can achieve an excellent plan for the
project.
I am available at your convenience to get together. Hopefully, I'll see you at this evening's public hearing with the
Boarc[
Frank
Dear Mr. Cox,
Thank you for your prompt and helpful comments on our letter. I appreciate your clarification of
how ?appropriateness? is determined. I should explain that our concerns arise in large part from a bad
experience with a commercial/residential development now under construction adjoining our home in
western Albemarle County. Although we and others raised these same issues throughout the rezoning
and approval process, neither the developer nor the majority of the Ptann/ng Commission and Board of
Supervisors considered the impact of this very dense development on our rural neighborhood--rather
than being integrated, it will be a fenced compound with no landscaping at all outside the fence to
soften or buffer it, and without a fence during construction the dirt and noise are a current problem.
It is this kind of situation we are trying to avoid by asking for specifics of the Albemarle Place
landscaping/buffeting plan and the timing of it. We support the overall plan. It seems to us, however,
that unless there is a public hearing on the appropriateness of an eventual landscape/buffering plan, we
will have no defined way to comment on the impact of this project on our properties.
I am encouraged by your explanations and your willingness to work with us. Michael Barnes has
been quite helpful and yew generous with his time in keeping us informed as well. I look forward to
maintaining this level of communication throughout the process, and I hope all the adjoining property
owners will have an opportunity to attend a public meeting.
Thank you.
Bob Cross
On Tue, 21 Oct 2003 t5:42:41 -0400
Frank Cox <FrankCox~,TheCoxCompany. Biz> wrote:
Dear Mr.and Mrs, Cross.
Re: Albemarle Place Page 2 of 3
Thank you for copying me on your email to the Cmtnty. YOU raise very good concerns:
Please allow me to provide a brief response to your inqmnes:
1. Several thmre connections to Commonwealth Drive have been provided tbr in the
Application Plan submitted with the rezomng.
2. A proffer has ah'eady been made to develop one connection to Commonwealth at the
applicant's expense.
3. The Application Plan depicts a schematic landscape architecture plan that will g~aide
the preparation of the final landscape architecture plan. The code of developmem
the project fitrther details the landscape, fencing, and screening objectives. The final
plan will be submitted h~ accord with all County landscape design and buffer planting
mqnirements with the initial site plan application~ In addition to landscape materials,
fenchng will be included in the buffer zone. It is the County plarmers, not the applicant,
who determines what is "appropriate".
4. The County takes a very serious approach to environmental concerns. Erosion
control is State-man&qted. Our erosion and sediment control plan wilt provide
extensive site treatment during the construction phase.
Ple~se call me if you have any questions or would like to discuss this fm-ther.
Frank
October 21, 2003
To~
From:
CC:
RE:
Albemarle County Board of Supervisors
Robert and Jeanne Cross
Michael Barnes, Frank Cox
Albemm'le Place
As the owners of three townhouses on Commonwealth Drive-the
western boundary of Albemarl.e Place--we are concerned about the
i.mpact of that development on the neighborhood. While we w(mld.
prefer to have Commonwealth Drive townhouses integrated into the
residential section of Albemarle Place, the proposed site plan sho~vs no
connection..Accordingly, we request that prior to tl~e approval of the
Albenmrle Place project the applicant be required to (1) submit for
re,dew by the Planning Depmxment and Cormnonwealth Drive
neighborhood a detailed landscaping and fencing plan showing how the
neighborhood will be buffered, and (2) proffer that the
landscaping/fencing plan will be implemented at the start of the project
and not in bits and pieces over a several-year period.
considering this request please note:
1. There are 55 tOwx~ouses on Commonwealth Drive that will be
directly impacted by this project. 'I\vo apartment complexes on the
western side of Co~nmonwealth Drive will be affected to a lesser degree.
2.- The proposed plan calls fi~r clear-su'ipph~g over 60 acres, causing
noise, dirL and potential safety problems for the Commonwealth Drive
residents. Accordh~g m senior planner Michael Barnes the project will
take a'number of years to complete, thus subjecting the neighborhood m
these problems for an extended period.
3. The ARB reviews projects only as they affect the entrance corridor
amd not the adjoining neighborhoods.
4. Previonk compre-hensive plan amendments require ?appropriate?
. Re~: Albemarle Place Page 3 of 3
landscaping and. buffering to protect adjoining properties. Failhlg to
requh'e a detailed plan 'up front would leave the detinition of ?
appropriate? solely in the hands Of the applicant.
Thank you for taki'ng the hnpact of this development on the
Commomvealth Drive neighborhood into consideration.
Michael Barnes
,.%uoject:
Bob Tucker
P,E: Public heanng on'a request to rezone 63.7 acres from HC & LI to NMD Weds 22 Oct
2003
..... Original Message ....
From: woottenal [mailto:woottenal@netscape.net]
Sent: Monday, October 20, 2003 11:34 PM
To: Ella Carey
Cc: Ida Lee Wootten; Bob and Sally Whaley
Subject: Public hearing on a request to rezone 63.7 acres from HC & LI to NMD Weds 22 Oct 2003
To: Albemarle County Board of Supervisors
cio Ella Carey
Dear Members of the Board:
As other commitments prevent my attending the public hearing on
Albemarle Place Wednesday evening, I am sending this email to express my
concerns.
I live in the Barterbrook subdivision. Traffic on Emmet Street already
makes nothbound travel from our neighborhood difficult. I am concerned
that this will only get worse when the Best Buy off Angus Road opens
shortly. I understand that the County has considered elimination of the
light at Angus Road. I hope that this will not occur. Already, egress
~'"'~'hbound onto Emmet Street from Hydraulic Road often requires waiting
,. ~ugh several light cycles; those of us who live here normally use the
Angus Road light to turn north owing to severe congestion at the
Hydraulic Road intersection. This will become more difficult with the
increased traffic to Best Buy at Angus Road.
The Albemarle Place plan does nothing to assist local traffic wishing to
proceed northbound. Most times of day, long lines of truck traffic
traveling through on US29S clog the southbound lanes as they prepare to
enter the existing 250/29 bypass. I urge the county to postpone the
proposed Albemarle Place development until the county has made some
progress in solving the gridlock problems on US29. Albemarle County has
not pursued the only rational solution to the US29 traffic, the proposed
western bypass.
On Wednesday, the Board will hold a public hearing on a request to
rezone 63.7 acres from HC & LI to NMD (Neighborhood Model District) to
allow 1 .$ mi]lion square_ feet mixed-use development. The Comprehensive
Plan designates this property as Regional Service in the Neighborhood.
I urge the Board to deny the rezoning request pending implementation of
planS to improve traffic on US29 directly in front of the development.
In my opinion, the only viable solution to the traffic problems there
is to build the proposed western bypass.
Thank you very much for consideration of my concerns.
Alwyn Wootten
Solomon Road
~rlottesville, Virginia 22901
971~6518
SEMZNOLE TRAIL PROPERTI'ES, LLC
1932 BLUE RZDGE ROAD
CHARLOTTESVZLLE, VA 22903
October 17, 2003
Mr. V. Wayne Cilimberg
Director, Department of Planning and Community Development
County of Albemarle
401 Mclntire Road
Charlottesville, VA 22902-4596
HAND-DELIVERED
Dear Mr. Cilimberg:
Seminole Trail Properties, LLC is the owner of the former Comdial property. I have reviewed
information for the proposed rezoning of Albemarle Place (ZMA-01-07) and specifically Proffer
#2, Community Development Authority Participation. In the September 2003 staff report to the
Planning Commission Proffer #2 states "Staff believes that Albemarle Place's participation in a
CDA is a critical component in the funding of infxastructure improvements."
Richard Hewitt and I have no fundamental objection to participating in certain to-be-agreed-upon
road improvements on the perimeter of the Hydraulic Super Block i_fthe former Comdial property
is rezoned and redeveloped at some point. However, we are concerned that participation in a
CDA could be forced upon the property under our interpretation of Code of Virginia section 15~2-
5153 even if the former Comdial property is not rezoned and redeveloped. The increase in real
estate taxes by possibly 1/3 would decrease the value of the property and place an unfair burden
on property zoned as light industrial.
I would appreciate it if you would change the wording of Proffer #2 to exclude Super Block
properties until such time that they are rezoned and redeveloped. In addition, please bring this
concern to the attention of the Board of SupervSsors as part of their consideration of the proposed
rezoning of Albemarle Place.
Please call me at 953-6735 if you have any questions.
Sincerely,
Timothy R. Slagle
C: Richard Hewitt
Mr: Michael 'Barnes
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: Albemarle Place ZMA 01-07 -
Rezoning request
SUBJECT/PROPOSAL/REQUEST:
Request to rezone 63.7 acres from C-1 (Commercial) and
LI (Light Industry) to NMD (Neighborhood Model District) to
allow a 1.8 million square feet mixed-use development.
The properties, described as Tax Map 61W-3 Parcels 19A,
19B, 23, and 24, are located in the Jack Jouett Magisterial
District at the corner of Hydraulic Road (Route 743) and
Route 29 North. The Comprehensive Plan designates this
property as Regional Service in Neighborhood 1.
STAFF CONTACT(S): Mr. Cilimberg, Mr. Foley, Mr.
Barnes;
AGENDA DATE: ITEM NUMBERS:
October 22, 2003
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACH M E NTS:
Yes
REVIEWED BY:
Back.qround
On October 15th, the Board of Supervisors held an informational worksession on the
status of the Albemarle Place (ZMA 01-07) proffers. At that worksession, staff indicated
that most of the proffer's substantive issues had been resolved and that only a few
minor details remained. As of today, staff is satisfied with the proffers and believes that
the proffers adequately offset the impacts generated by this proposal.
A second issue was the Code of Development. The Planning Commission, at its
September 2nd public hearing, recommended approval of the request conditioned on
resolution of several minor issues with the Code. Staff has worked with the applicant to
resolves all the issues with the Code, including those raised by the Commission.
Recommended Action
Staff believes that the applicant has met the land use and site design goals and
requirements set forth in the Hydraulic Super Block CPA and has mitigated traffic
impacts from the development to the extent possible. Therefore, staff recommends
approval of the Albemarle Place rezoning request (ZMA 01-07) with the attached
proffers.
Attachments
A. The September 2nd Staff report.
B. Proffers (Dated: October 22, 2003)
C. Code of Development (Dated: October 15, 2003)
PROFFER FORM
Date: October 22, 2003
ZMA # 2001-07
Tax Map 61-W-3 and Parcel Numbers 19A, 19B, 23, and 24
64.705 Acres to be rezoned from LI and C-1 to NMD
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed herein below which shall be applied to Albemarle Place
(herein after "the Property") if the Zoning Map Amendment (hereinafter "ZMA',) is approved by
the County of Albemarle. These conditions are proffered as a part of the requested ZMA and it is
agreed that: (1) the ZMA itself gives rise to the need for the conditions, and (2) such conditions
have a reasonable relation to the rezoning requested.
The term "Owner" as referenced herein shall include within its meaning the owner of record and
successors in interest. The term "Application Plan" refers to Exhibit A. The term "Code of
Development" refers to Exhibit B. The term "ZMA Phasing Plan" refers to Exhibit C. The term
"Regulating Block Plan" refers to Exhibit D. The term "MPO Concept Plan-Hydraulic
Road/Route 29" refers to Exhibit E. The term "Short Term Route 29 Transportation
Improvements" refers to Exhibit F. The term "Right of Way Reservation Area" refers to Exhibit
G.
The headings of the proffers and conditions set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an interpretation of
any provisions of the proffers.
Phasing of Albemarle Place Improvements: The Owner shall phase development so that
the first site plan for the initial phase of Albemarle Place includes street, utility and landscape
improvements to serve the planned building improvements contained within Blocks A, B, C
and D as depicted on Exhibit D, "Regulating Block Plan". As part of this first phase, the
Owner shall design and construct those streets identified on Exhibit C, "ZMA Phasing Plan"
as New Main Street, South New Main Street, North New Main Street, Swanson Road,
Inglewood Drive, and Albemarle, Place Boulevard (also referred to as "4th Street/Cedar Hill
Road',), including all supporting utility infrastructure and landscaping on these streets. These
improvements shall be designed, constructed and installed as provided in Exhibits C and D
and the Code of Development.
e
Community Development Authority Participation: Upon request by the County, the
Owner shall petition for and consent to all tax map parcels used for non-residential purposes
participating in 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
implementing Route 29 regional transportation improvements, including but not limited to
transportation improvements within the "Super Block" (the geographical area bounded by
Route 29, Hydraulic Road, Commonwealth Drive, and Greenbriar Drive) and intersectional
improvements associated therewith.
Go
Cash Proffer for Route 29 Regional Transportation: The Owner will make a cash
contribution to the County for the MPO/29H250 Phase 2 Route 29 regional transportation
study in the amount of One Hundred Thousand Dollars ($100,000.00). The cash contribution
shall be made by the Owner within thirty (30) days upon request by the County.
If the request is not made within one (1) year from the date of submission of the first final
site plan for the initial phase of development, this proffer shall become null and void. If such
cash contribution is not expended for the stated purpose within two (2) years from the date
the funds were contributed to the County, all unexpended funds shall be refunded to the
Owner.
Cash Proffer for City of Charlottesville Traffic Calming Improvements: The Owner
shall contribute Ten Thousand Dollars ($10,000.00) to the City of Charlottesville for the
construction by the City of traffic calming improvements on Swanson Road, Cedar Hill Road
and other City streets intersecting Hydraulic Road in the vicinity of Albemarle Place. The
cash contribution shall be made by the Owner within thirty (30) days upon request by the
City. If the traffic calming improvements are not implemented by October 15, 2007, all
unexpended fimds shall be refunded to the Owner.
Cash Proffer for Charlottesville Transit Service Commercial Corridor "Jitney
Service": Upon the request of the County, the Owner shall contribute Twenty Thousand
Dollars ($20,000.00) per annum or an amount equal to twenty percent (20%) of the annual
operating and maintenance costs, whichever is less, for a period not to exceed five years for
operating and/or maintaining a dedicated "jitney bus" service to retail commercial
developments, including Albemarle Place, along the Route 29 Corridor. If the CTS "jitney
service" is not placed into operation by January 1, 2007 or the date of issuance of the first
occupancy permit for a commercial building in Albemarle Place, whichever occurs last, this
proffer shall become null and void.
Cash Proffer for Capital Improvements: The Owner shall contribute One Million Five
Hundred Thousand Dollars ($1,500,000.00) (hereinafter referred to as the "total
contribution") to the County for the purpose of funding capital improvements related to
Albemarle Place. The contribution shall be paid as follows: (a) Three Hundred and Seventy
Five ($375,000.00) shall be contributed to the County within thirty (30) days after the first
final site plan or subdivision plat containing residential dwelling units is approved for
Albemarle Place; (b) an additional Three Hundred and Seventy Five ($375,000.00) of the
total contribution shall be contributed to the County prior to the issuance of a certificate of
occupancy for the first residential dwelling units in Albemarle Place, and (c) the remaining
Seven Hundred Fifty Thousand ($750,000.00) of the total contribution shall be paid on a pro
rata basis of Three Thousand Dollars ($3000.00) per residential dwelling unit at the time
certificates of occupancy are issued for the first two hundred fifty (250) dwelling units. No
additional contribution shall be required for the next two hundred fifty (250) dwelling units.
If, five (5) years from the date of approval of the first final site plan or subdivision plat for
residential dwelling units~ the total contribution has not been fully paid, the balance of the
e
total contribution shall be contributed to the County within thirty (30) days upon request by
the County. If this fund has not been exhausted by the County for the stated purpose within
five (5) years from the date the last contribution is made, all unexpended funds shall be
refunded to the Owner.
In addition to the foregoing, after building permits have been issued for the first five hundred
(500) dwelling units within Albemarle Place, the Owner shall pay to the County Three
Thousand Dollars ($3,000.00) prior to the issuance of a building permit for each new
residential dwelling unit thereafter.
Construction of Frontage Improvements on Route 29 and Hydraulic Road: At its
expense, the Owner shall plan, design, bond and construct travel lane improvements to be
dedicated for public use on its Hydraulic Road and Route 29 frontage. The design shall be
submitted with the first site plan for the initial phase of Albemarle Place. The subject
frontage improvements are depicted by Exhibit F, "Short Term Route 29 Transportation
Improvements." The Owner proffers that the County may require these improvements to be
completed as a prerequisite to the issuance of any certificates of occupancy.
Construction of Off-Site Improvements: Upon request by the County or as provided
herein, the Owner shall plan, design, bond and construct off-site transportation improvements
in the County and the City, as depicted on Exhibit F, "Short Term Route 29 Transportation
Improvements". If the improvements are required to be constructed, the Owner proffers that
the County may require these improvements to be completed as a prerequisite to the issuance
of any certificates of occupancy. Construction shall be deemed complete when the
improvements are accepted by the appropriate public entity or are bonded for the entity's
acceptance.
Off-site Improvements in the County at the Northwest Quadrant of the Hydraulic
Road/Route 29 Intersection. The engineering, plats and construction documents for
off-site improvements in the County shall be submitted with the final site plan for the
initial phase of Albemarle Place. In addition, for property acquisition that is required for
the off-site public right of way for Hydraulic Road/Route 29 intersection improvements
within the County, the Owner shall make a cash contribution or provide a letter of credit
in a form approved by the County Attorney for such purpose in the amount as deemed
necessary for the property acquisition by the County Attorney provided that such amount
shall not exceed one hundred fifty percent (150%) of the County's appraisal prepared for
acquisition or condemnation purposes.
The cash contribution or letter of credit described in this proffer shall be used to pay for
the total cost of the right of way acquisition. The total cost of the right of way acquisition
for the off-site property in the County at the northwest quadrant of the Hydraulic
Road/Route 29 intersection shall include the normal costs associated with acquiring land,
buildings, structures, easements and other authorized interests by condemnation or by
purchase including, but not limited to, land acquisition, engineering, surveying, and
reasonable attorneys fees. The cash contribution or the letter of credit shall be provided
by the Owner within thirty (30) days upon request by the County. If the property is
3
acquired by purchase, the contribution for the purchase price shall not exceed one
hundred fifty percent (150%) of the County's appraisal prepared for condemnation
purposes without the consent of the Owner.
If the cost of the right of way acquisition exceeds the amount previously contributed,
above, then the Owner shall reimburse the County all such excess costs within thirty (30)
days upon request by the County. The County shall refund to the Owner all excess
contributions upon completion of the land acquisition.
If the right of way has not been acquired within eighteen (18) months after approval of
the initial site plan for the first phase of Albemarle Place, which shall include the final
right of way plats and all construction documents necessary for the acquisition of the
property for the off-site improvements, this Proffer 8(A) shall become null and void and
all unexpended funds shall be refunded to the Owner, or the remaining balance of the
letter of credit shall be released.
Be
Off-site Improvements in the City at the Northeast Quadrant of the Hydraulic
Road/Route 29 Intersection. The Owner shall submit the engineering, plats and
construction documents (the "plans") for the improvements in the City of Charlottesville
to the City of Charlottesville within sixty (60) days after the first site plan for the initial
phase of Albemarle Place is submitted to the County. The Owner shall diligently pursue
approval of the plans in the City. If the City does not approve the plans within six (6)
months after the first fmal site plan for the initial phase of Albemarle Place is approved
by the County, the Owner shall not be required by this proffer to construct any
improvements for which approvals have not been obtained. The Owner shall not be
required by this proffer to acquire or otherwise pay for right of way in the City for these
improvements.
If the improvements are required to be constructed, the Owner shall complete
construction of the improvements for which right of way is available within twelve (12)
months after the issuance of the first certificate of occupancy within Albemarle Place.
Construction shall be deemed complete when the improvements are accepted by the
appropriate public entity or are bonded for the entity's acceptance.
Reservation and Dedication of Land for Regional Route 29 and Hydraulic Road
Intersection Improvements: The Owner shall reserve for future dedication to the County
certain land on the Property in the County for transportation improvements for the Route 29
and Hydraulic Road intersection in the location described as "Area A" on Exhibit G, "ROW
of Way Reservation and Dedication Area". Upon the request of the County, the Owner shall
dedicate "Area A" to the County in fee simple for the purpose of construction of regional
transportation improvements, provided that such request for dedication is made by the
County not later than October 15, 2009, or this proffer shall become null and void.
After dedication and until the subject regional transportation improvements are funded for
construction, the Owner shall, at the request of the County, maintain this land until requested
by the County to no longer do so provided the Owner is granted the right to the exclusive use
4
of the land for landscaped open space, a pocket park, temporary parking, fencing, signage,
utilities or other purposes as may be approved with the f'mal site plan for the first phase of
Albemarle Place. Upon being requested by the County to no longer maintain the land, the
Owner shall cease all use of the land and remove all improvements established by the Owner
that the County requests be removed.
In the event that the adopted design for future public intersection improvements does not
require the utilization of all of the dedicated land, upon the Owner's request, the dedicated
land shall be transferred to the Owner, at no expense to the Owner. If the construction of the
subject transportation improvements on the dedicated land does not commence by October
15, 2025, this proffer shall become null and void.
10. Reservation and Dedication of Additional Land for Route 29 and Hydraulic Road
Intersection Improvements: The Owner shall reserve for future dedication to the County,
subject to the conditions herein below, certain additional land on the Property for the right of
way for a future Hydraulic Road and Route 29 related regional transportation improvements.
The reservation of the additional land is limited to and shall not exceed the area (a) as
initially defined on Exhibit E, "MPO Concept Plan-Hydraulic Road/Route 29 Intersection",
or (b) as subsequently defined by a revised right of way exhibit in accord with a plan
approved by the County that reduces the right' of way impact (as now depicted by Exhibit E)
on the Property.
Upon the request of the County, a temporary construction easement not to exceed twenty
(20) feet beyond the reserved area shall be provided for this construction.
Until the land is dedicated, the Owner shall maintain this land and shall retain the right to the
exclusive use of the land for landscaped open space, a pocket park, temporary parking,
fencing, utilities or other p .urposes as may be approved with the first final site plan submitted
for the initial phase of Albemarle Place.
The conditions on the subject reservation and dedication shall be as follows:
(a)
The Owner shall reserve the additional land as shown on Exhibit E until an Official Map
or other transportation improvements plan is adopted or approved by the County that
defines the right of way for the subject regional transportation improvement and the land
to be dedicated to the County. Upon adoption or approval of the Official Map or the
transportation improvements plan, the County may request that the Owner dedicate the
additional land to the County. The Owner shall dedicate the additional land within sixty
(60) days after the County's request. If said Official Map or transportation improvements
plan has not been adopted by the County by December 31, 2009, this proffer becomes
null and void.
(b) In the event that the adopted design for future public intersection improvements does not
require the utilization of all of the reserved or dedicated land, upon request of the Owner
the residual portion shall be released by the County from the reservation or, if the land
has been dedicated, transferred back to, and for the use of, the Owner.
(c)
Upon the request of the Owner, the dedicated land shall be released from such dedication,
at no expense to the Owner, if the construction of the subject transportation
improvements on the dedicated land does not commence by October 15, 2025, or at such
time the County determines that the land, or any portion thereof, is not needed for such
improvements, whichever occurs first.
(d)
The design and construction of the Hydraulic Road and Route 29 intersection and related
regional transportation improvements substantially maintain the access, function, and
continuity of service of the planned intersection of Swanson Road (Extended) and
existing Hydraulic Road into Albemarle Place at the location of the existing Swanson
Road and Hydraulic Road intersection; otherwise this proffer becomes null and void.
11. Signalization Proffer for Hydraulic Road and Route 29 Intersections: The Owner at its
expense shall engineer, bond, and construct all traffic signalization improvements at (a) the
intersection of "4th Street" (also know as "Albemarle Place Boulevard") and Route 29, and
(b) the intersection of "Cedar Hill Road Extended" and Hydraulic Road. These
improvements shall be constructed when the County and VDOT request the installation of
such.
12. Commonwealth Drive Connection: The Owner shall reserve land, engineer, bond and
construct at its expense on-site improvements for a street connection at the northwest comer
of the Property to Commonwealth Drive adjacent to the land currently known as the
"Comdial Property" (TM 61W-3-18) as depicted on Exhibit A, the '~Application Plan," and
labeled as "Future Commonwealth Connection." The connection will be a two lane facility
with a sidewalk constructed on the south side of the street.
Upon the request of the County, the Owner shall engineer, bond and construct the off-site
portion of the connection to Commonwealth Drive on the "Comdial Property" provided that
plat and plan approvals and construction permits as may be necessary for such construction
for the connection through off-site properties for this improvement have been granted at no
cost to the Owner, and the request for such connection through the off-site property is made
by the County prior to October 15, 2013. Upon the request of the County, the connection
shall be completed by the Owner within twelve (12) months from the date of satisfaction of
the conditions as set forth above.
13. Other "Super Block" Street Connections: The Owner shall reserve land and grant
construction and permanent access easements or right of way at no expense to the County for
the purposes of future construction (by others) of inter-parcel street connections within the
"Super Block" at the following locations: First Street (to west to Commonwealth Drive),
Second Street (to' west to Commonwealth Drive), Third Street (to west to Commonwealth
Drive), Cedar Hill Road Extended (in Block F north to "Comdial Property"), Fourth Street
(between Blocks F and G north to "Comdial Property"), Swanson Road Extended (to north to
"Sperry Property") and at two additional locations into Sperry Property.
The locations for easement or right of way reservation and dedication are as generally
depicted on Exhibit A and labeled thereon as "Future Extension." These easement or fight of
way locations shall be identified, platted and dedicated at the request ~of the County in
conjunction with subsequent site plan applications for Albemarle Place.
The undersigned Owner hereby proffers that the use and development of the subject property
shall be in conformance with the proffers and conditions herein above and these proffers shall
supersede all other proffers and conditions made prior hereto.
Signatures of All Owners
Printed Names of All Owners Date
Signatures of All Owners
Printed Names of All Owners Date
or
Signatures of Attorney-in-Fact
Printed Names of Attorney-in-Fact Date
7
PROFFER FORM
Date: October 22, 2003
ZMA # 2001-07
Tax Map 61-W-3 and Parcel Numbers 19A, 19B, 23, and 24
64.705 Acres to be rezoned from LI and C-1 to NMD
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed herein below which shall be applied to Albemarle Place
(herein after "the Property") if the Zoning Map Amendment (hereinafter "ZMA") is approved by
the County of Albemarle. These conditions are proffered as a part of the requested ZMA and it is
agreed that: (1) the ZMA itself gives rise to the need for the conditions, and (2) such conditions
have a reasonable relation to the rezoning requested.
The term "Owner" as referenced herein shall include within its meaning the owner of record and
successors in interest. The term "Application Plan" refers to Exhibit A. The term "Code of
Development" refers to Exhibit B. The term "ZMA Phasing Plan" refers to Exhibit C. The term
"Regulating Block Plan" refers to Exhibit D. The term "MPO Concept Plan-Hydraulic
Road/Route 29" refers to Exhibit E. The term "Short Term Route 29 Transportation
Improvements" refers to Exhibit F. The term "Right of Way Reservation Area" refers to Exhibit
G.
The headings of the proffers and conditions set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an interpretation of
any provisions of the proffers.
Phasing of Albemarle Place Improvements: The Owner shall phase development so that
the first site plan for the initial phase of Albemarle Place includes street, utility and landscape
improvements to serve the planned building improvements contained within Blocks A, B, C
and D as depicted on Exhibit D, "Regulating Block Plan". As part of this first phase, the
Owner shall design and construct those streets identified on Exhibit C, "ZMA Phasing Plan"
as New Main Street, South New Main Street, North New Main Street, Swanson Road,
Inglewood Drive, and Albemarle Place Boulevard (also referred to as "4th Street/Cedar Hill
Road"), including all supporting utility infrastructure and landscaping on these streets. These
improvements shall be designed, constructed and installed as provided in Exhibits C and D
and the Code of Development.
e
Community Development Authority Participation: Upon request by the County, the
Owner shall petition for and consent to all tax map parcels used for non-residential purposes
participating in 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
implementing Route 29 regional transportation improvements, including but not limited to
transportation improvements within the "Super Block" (the geographical area bounded by
Route 29, Hydraulic Road, Commonwealth Drive, and Greenbriar Drive) and intersectional
improvements associated therewith.
Cash Proffer for Route 29 Regional Transportation: The Owner will make a cash
contribution to the County for the MPO/29H250 Phase 2 Route 29 regional transportation
study in the mount of One Hundred Thousand Dollars ($100,000.00). The cash contribution
shall be made by the Owner within thirty (30) days upon request by the County.
If the request is not made within one (1) year from the date of submission of the first final
site plan for the initial phase of development, this proffer shall become null and void. If such
cash contribution is not expended for the stated purpose within two (2) years from the date
the funds were contributed to the County, all unexpended funds shall be refunded to the
Owner.
Cash Proffer for City of Charlottesville Traffic Calming Improvements: The Owner
shall contribute Ten Thousand Dollars ($10,000.00) to the City of Charlottesville for the
construction by the City of traffic calming improvements on Swanson Road, Cedar HiI1 Road
and other City streets intersecting Hydraulic Road in the vicinity of Albemarle Place. The
cash contribution shall be made by the Owner within thirty (30) days upon request by the
City. If thc traffic calming improvements are not implemented by October 15, 2007, all
unexpended funds shall be refunded to the Owner.
5. Cash Proffer for Charlottesville Transit Service Commercial Corridor "Jitney
Service": Upon the request of the County, the Owner shall contribute Twenty Thousand
Dollars ($20,000.00) per annum or an amount equal to twenty percent (20%) of the annual
operating and maintenance costs, whichever is less, for a period not to exceed five years for
operating and/or maintaining a dedicated "jitney bus" service to retail commercial
developments, including Albemarle Place, along the Route 29 Corridor. If the CTS "jitney
service" is not placed into operation by January 1, 2007 or the date of issuance of the first
occupancy permit for a commercial building in Albemarle Place, whichever occurs last, this
proffer shall become null and void.
Cash Proffer for Capital Improvements: The Owner shall contribute One Million Five
Hundred Thousand Dollars ($1,500,000.00) (hereinafter referred to as the "total
contribution") to the County for the purpose of funding capital improvements related to
Albemarle Place. The contribution shall be paid as follows: (a) Three Hundred and Seventy
Five ($375,000.00) shall be contributed to the County within thirty (30) days after the first
final site plan or subdivision plat containing residential dwelling units is approved for
Albemarle Place; (b) an additional Three Hundred and Seventy Five ($375,000.00) of the
total contribution shall be contributed to the County prior to the issuance of a certificate of
occupancy for the fn:st residential dwelling units in Albemarle Place, and (c) the remaining
Seven Hundred Fifty Thousand ($750,000.00) of the total contribution shall be paid on a pro
rata basis of Three Thousand Dollars ($3000.00) per residential dwelling unit at the time
certificates of occupancy are issued for the first two hundred fifty (250) dwelling units. No
additional contribution shall be required for the next two hundred fifty (250) dwelling units.
2
If, five (5) years from the date of approval of the first final site plan or subdivision plat for
residential dwelling units~ the total contribution has not been fully paid, the balance of the
total contribution shall be contributed to the County within thirty (30) days upon request by
the County. If this fund has not been exhausted by the County for the stated purpose within
five (5) years from the date the last contribution is made, all unexpended funds shall be
refunded to the Owner.
In addition to the foregoing, after building permits have been issued for the first five hundred
(500) dwelling units within Albemarle Place, the Owner shall pay to the County Three
Thousand Dollars ($3,000.00) prior to the issuance of a building permit for each new
residential dwelling unit thereafter.
7. Construction of Frontage Improvements on Route 29 and Hydraulic Road: At its
expense, the Owner shall plan, design, bond and construct travel lane improvements to be
dedicated for public use on its Hydraulic Road and Route 29 frontage. The design shall be
submitted with the first site plan for the initial phase of Albemarle Place. The subject
frontage improvements are depicted by Exhibit F, "Short Term Route 29 Transportation
Improvements." The Owner proffers that the County may require these improvements to be
completed as a prerequisite to the issuance of any certificates of occupancy.
8. Construction of Off-Site Improvements: Upon request by the County or as provided
herein, the Owner shall plan, design, bond and construct off-site transportation improvements
in the County and the City, as depicted on Exhibit F, "Short Term Route 29 Transportation
Improvements". If the improvements are required to be constructed, the Owner proffers that
the County may require these improvements to be completed as a prerequisite to the issuance
of any certificates of occupancy. Construction shall be deemed complete when the
improvements are accepted by the appropriate public entity or are bonded for the entity's
acceptance.
Ae
Off-site Improvements in the County at the Northwest Quadrant of the Hydraulic
Road/Route 29 Intersection. The engineering, plats and construction documents for
off-site improvements in the County shall be submitted with the final site plan for the
initial phase of Albemarle Place. In addition, for property acquisition that is required for
the off-site public right of way for Hydraulic Road/Route 29 intersection improvements
within the County, thc Owner shall make a cash contribution or provide a letter of credit
in a form approved by the County Attorney for such purpose in the amount as deemed
necessary for the property acquisition by the County Attorney provided that such amount
shall not exceed one hundred fifty percent (150%) of the County's appraisal prepared for
acquisition or condemnation purposes.
The cash contribution or letter of credit described in this proffer shall be used to pay for
the total cost of the right of way acquisition. The total cost of the right of way acquisition
for the off-site property in the County at the northwest quadrant of the Hydraulic
Road/Route 29 intersection shall include the normal costs associated with acquiring land,
buildings, structures, easements and other authorized interests by condemnation or by
purchase including, but not limited to, land acquisition, engineering, surveying, and
3
reasonable attorneys fees. The cash contribution or the letter of credit shall be provided
by the Owner within thirty (30) days upon request by the County. If the property is
acquired by purchase, the contribution for the purchase price shall not exceed one
hundred fifty percent (150%) of the County's appraisal prepared for condemnation
purposes without the consent of the Owner.
If the cost of the right of way acquisition exceeds the amount previously contributed,
above, then the Owner shall reimburse the County all such excess costs within thirty (30)
days upon request by the County. The County shall refund to the Owner all excess
contributions upon completion of the land acquisition.
If the right of way has not been acquired within eighteen (18) months after approval of
the initial site plan for the first phase of Albemarle Place, which shall include the final
right of way plats and all construction documents necessary for the acquisition of the
property for the off-site improvements, this Proffer 8(A)shall become null and void and
all unexpended funds shall be refunded to the Owner, or the remaining balance of the
letter of credit shall be released.
Off-site Improvements in the City at the Northeast Quadrant of the Hydraulic
Road/Route 29 Intersection. The Owner shall submit the engineering, plats and
construction documents (the "plans") for the improvements in the City of Charlottesville
to the City of Charlottesville within sixty (60) days after the first site plan for the initial
phase of Albemarle Place is submitted to the County. The Owner shall diligently pursue
approval of the plans in the City.. If the City does not approve the plans within six (6)
months after the first final site plan for the initial phase of Albemarle Place is approved
by the County, the Owner shall not be required by this proffer to construct any
improvements for which approvals have not been obtained. The Owner shall not be
required by this proffer to acquire or otherwise pay for right of way in the City for these
improvements.
If the improvements are required to be constructed, the Owner shall complete
construction of the improvements for which right of way is available within twelve (12)
months after the issuance of the first certificate of occupancy within Albemarle Place.
Construction shall be deemed complete when the improvements are accepted by the
appropriate public entity or are bonded for the entity's acceptance.
e
Reservation and Dedication of Land for Regional Route 29 and Hydraulic Road
Intersection Improvements: The Owner shall reserve for future dedication to the County
certain land on the Property in the County for transportation improvements for the Route 29
and Hydraulic Road intersection in the location described as "Area A" on Exhibit G, "ROW
of Way Reservation and Dedication Area". Upon the request of the County, the Owner shall
dedicate "Area A" to the County in fee simple for the purpose of construction of regional
transportation improvements, provided that such request for dedication is made by the
County not later than October 15, 2009, or this proffer shall become null and void.
4
After dedication and until the subject regional transportation improvements are funded for
construction, the Owner shall, at the request of the County, maintain this land until requested
by the County to no longer do so provided the Owner is granted the right to the exclusive use
of the land for landscaped open space, a pocket park, temporary parking, fencing, signage,
utilities or other purposes as may be approved with the final site plan for the first phase of
Albemarle Place. Upon being requested by the County to no longer maintain the land, the
Owner shall cease all use of the land and remove all improvements established by the Owner
that the County requests be removed.
In the event that the adopted design for future public intersection improvements does not
require the utilization of all of the dedicated land, upon the Owner's request, the dedicated
land shall be transferred to the Owner, at no expense to the Owner. If the construction of the
subject transportation improvements on the dedicated land does not commence by October
15, 2025, this proffer shall become null and void.
10. Reservation and Dedication of Additional Land for Route 29 and Hydraulic Road
Intersection Improvements: The Owner shall reserve for future dedication to the County,
subject to the conditions herein below, certain additional land on the Property for the right of
way for a future Hydraulic Road and Route 29 related regional transportation improvements.
The reservation of the additional land is limited to and shall not exceed the area (a) as
initially defined on Exhibit E, "MPO Concept Plan-Hydraulic Road/Route 29 Intersection",
or (b) as subsequently defined by a revised right of way exhibit in accord with a plan
approved by the County that reduces the right of way impact (as now depicted by Exhibit E)
on the Property.
Upon the request of the County, a temporary construction easement not to exceed twenty
(20) feet beyond the reserved area shall be provided for this construction.
Until the land is dedicated, the Owner shall maintain this land and shall retain the right to the
exclusive use of the land for landscaped open space, a pocket park, temporary parking,
fencing, utilities or other purposes as may be approved with the f'rrst fmal site plan submitted
for the initial phase of Albemarle Place.
The conditions on the subject reservation and dedication shall be as follows:
(a) The Owner shall reserve the additional land as shown on Exhibit E until an Official Map
or other transportation improvements plan is adopted or approved by the County that
defines the right of way for the subject regional transportation improvement and the land
to be dedicated to the County. Upon adoption or approval of the Official Map or the
transportation improvements plan, the County may request that the Owner dedicate the
additional land to the County. The Owner shall dedicate the additional land within sixty
(60) days after the County's request. If said Official Map or transportation improvements
plan has not been adopted by the County by December 31, 2009, this proffer becomes
null and void.
(b)
In the event that the adopted design for future public intersection improvements does not
require the utilization of all of the reserved or dedicated land, upon request of the .Owner
the residual portion shall be released by the County from the reservation or, if the land
has been dedicated, transferred back to, and for the use of, the Owner.
(c)
Upon the request of the Owner, the dedicated land shall be released from such dedication,
at no expense to the Owner, if the construction of the subject transportation
improvements on the dedicated land does not commence by October 15, 2025, or at such
time the County determines that the land, or any portion thereof, is not needed for such
improvements, whichever occurs first.
The design and construction of the Hydraulic Road and Ronte 29 intersection and related
regional transportation improvements substantially maintain the access, function, and
continuity of service of the planned intersection of Swanson Road (Extended) and
existing Hydraulic Road into Albemarle Place at the location of the existing Swanson
Road and Hydraulic Road intersection; otherwise this proffer becomes null and void.
11. Signalization Proffer for Hydraulic Road and Route 29 Intersections: The Owner at its
expense shall engineer, bond, and construct all traffic signalization improvements at (a) the
intersection of "4th Street" (also know as "Albemarle Place Boulevard") and Route 29, and
(b) the intersection of "Cedar Hill Road Extended" and Hydraulic Road. These
improvements shall be constructed when the County and VDOT request the installation of
such.
12. Commonwealth Drive Connection: The Owner shall reserve land, engineer, bond and
construct at its expense on-site improvements for a street connection at the northwest comer
of the Property to Commonwealth Drive adjacent to the land currently known as the
"Comdial Property" (TM 61W-3-18) as depicted on Exhibit A, the "Application Plan," and
labeled as "Future Commonwealth Connection." The connection will be a two lane facility
with a sidewalk constructed on the south side of the street.
Upon the request of the County, the Owner shall engineer, bond and construct the off-site
portion of the connection to Commonwealth Drive on the "Comdial Property" provided that
plat and plan approvals and construction permits as may be necessary for such construction
for the connection through off-site properties for this improvement have been granted at no
cost to the Owner, and the request for such connection through the off-site property is made
by the County prior to October 15, 2013. Upon the request of the County, the connection
shall be completed by the Owner within twelve (12) months from the date of satisfaction of
the conditions as set forth above.
13. Other "Super Block" Street Connections: The Owner shall reserve land and grant
construction and permanent access easements or right of way at no expense to the County for
the purposes of future construction (by others) of inter-parcel street connections within the
"Super Block" at the following locations: First Street (to west to Commonwealth Drive),
Second Street (to west to Commonwealth Drive), Third Street (to west to Commonwealth
Drive), Cedar Hill Road Extended (in Block F north to "Comdial Property"), Fourth Street
6
(between Blocks F and G north to "Comdial Property"), Swanson Road Extended (to north to
"Sperry Property") and at two additional locations into Sperry Property.
The locations for easement or right of way reservation and dedication are as generally
depicted on Exhibit A and labeled thereon as "Future Extension." These easement or right of
way locations shall be identified, platted and dedicated at the request of the County in
conjunction with subsequent site plan applications for Albemarle Place.
The undersigned Owner hereby proffers that the use and development of the subject property
shall be in conformance with the proffers and conditions herein above and these proffers shall
supersede all other proffers and conditions made prior hereto.
Signatures of All Owners
Printed Names of All Owners Date
Signatures of All Owners
Printed Names of All Owners Date
or
Signatures of Attorney-in-Fact
Printed Names of Attomey-in-Fact Date
7
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SHEET NUMBER
The COX Company
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REGULATING BLOCK PLaN
STREET LEVEL
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EXHIBIT D
ALBEMARLE P~CE
TOWN,CENTER
DESIGN TEAM ~ SHEET NUMBER
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IMPROVEMENTS
A continuous right turn lane (acceleration/deceleration/
full-frontageqmprovement) on Seminole Trail (Rt. 29)
southbound from the northernmost site entrance (4a
Street) to the Hydraulic Road intersection, to include a
200' right mm lane and i00' taper into the northernmost
site entrance (4a Street).
A continuous right mm lane on Hydraulic Road (Rt.
743) westbound from Seminole Trail (Rt. 29) to the
westernmost site entrance (Inglewood Drive).
A 200' left turn lane and 100' (or as determined by
VDOT) taper on Hydraulic Road (Rt. 743) eastbound
onto Seminole Trail (Rt. 29) northbound.
Spot improvements in the City to achieve a continuous
right turn lane on Hydraulic Road (Rt. 743) westbound
from the Kmart site entrance to Seminole Trail (Rt. 29),
and on Seminole Trail (Rt. 29) northbound to Zan Road
5. Cedar Hill intersection and signal installation.
A median on Hydraulic Road (Rt. 743) from Seminole
Trail (Rt. 29) to Swanson Drive (length of the median
and turning movement control to be determined at site
plan).
A 350' extension of the two left turn lanes on Seminole
Trail (Rt. 29) northbound into Greenbrier Drive (Rt.
866), if the new signal and cross-over in front the Post
Office is not allowed.
B, M~nimum improvements required for a new siana~
and median on Seminole Trail (Rt. 29)
Extend the continuous right turn lane on Seminole Trail
(Rt. 29) southbound to Greenbrier Drive (Rt. 866), and
lengthen the right turn lane into Greenbrier Drive (turn
lane and taper lengths to be determined by VDOT).
A left turn lane and taper on Seminole Trail (Rt. 29)
southbound into the Post Office entrance (turn lane and
taper lengths to be determined by VDOT).
DRT TERM. ROUTE 29 T NSPORTATION IMPROVEMENTS
I0.
Two left tum lanes with taper on Seminole Trail (Rt.29
northbound into the new site entrance at 4a Street)--
(turn lane and taper lengths to be determined by
VDOT).
11.
Spot improvements to achieve a continuous r/ght turn
lane on Seminole Trail (Rt. 29) northbound from Zan
Road to Greenbrier Drive (Rt. 866).
12. Full inter,qectinn nncl ~icrnnl ;n~fall~qnn ~**h ....... 1.~
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Southern
nvffonmenta]
Law Center
Albemarle Board of Supervisors
October 22, 2003
Re: Albemarle Place ZMA 01-07
20i \X/est Main Street, Suite 14
Charlottesville, VA 22902-5065
434-977-4090
Fax 434-977-1483
SouthernEnvironment.org
We commend the staff and applicant for the work on this project. However, we continue to be
concerned about the amount of development planned in the already congested 29 corridor and we
continue to advocate for a regional plan for 29 North on which to measure the cumulative transportation
impacts of new development.
As the Staff report explains, without any new development, intersections at Hydraulic/250/29 will
continue to experience unsatisfactory levels of service by 2006. Albemarle Place will further stress this
intersection; the improvements proffered in #7 and 8 will lessen this burden but the intersection would not
have a passing LOS.
We believe that changes to the proffers are needed to reduce transportation and environmental
impacts:
· Proffer 8: The 18-month limit on acquisition of right of way at the 7-11 site establishes an
unreasonable timeframe to conclude negotiations, and if negotiations fail, condemnation proceedings.
This limit should be deleted.
o Proffer 11: To eliminate superfluous lights, any new signal and median cut at 4th Street (Albemarle
Place Boulevard), if approved by VDOT, should be temporary until a connection at Seminole Square
light can be made.
· Proffer 12: Because the efficacy of non-29 road access depends on a connection to Commonwealth
Drive, the developer should proffer a commitment to obtain the easement to access Commonwealth
from Albemarle Place.
· We are pleased that Proffer 3 now states a specific dollar amount -- $100,000 -- toward the MPO
transportation study. However, at least $900,000 more for the study is needed from state, local and
private parties.
° Proffer 5 for at least 20% of cost of a jitney for five years (not to exceed $20,000/year) is
commendable, but we believe it is insufficient, particularly since to date, there is no estimate of the
long-term service costs. We also note no indication in the staff report whether transit centers or/and
commuter parking will be provided; these are essential to reducing the traffic impacts of the project.
· Because of the tremendous transportation impacts, we believe that any Community Development
Authority should be targeted to fund additional transit in the 29 North Corridor, including the possibility
of bus rapid transit.
° Proffer 10: We are pleased that the amended proffer sets a time limit for the County's approval of
intersection improvements rather than for construction completion.
° Streams, Trees and Stormwater: We remain concerned that the developer has not proffered
mitigation for the elimination of two headwater streams of the Meadowcreek (which runs through city
residential neighborhood and into Rivanna). Meadowcreek and this portion of the Rivanna are on the
state's dirty water list, and this project will exacerbate run-off. Similarly, because the rezoning would
allow a waiver to cut all trees on the site, stormwater will be affected. Therefore, this should be
addressed at the rezoning, not site plan, stage with the BOS asking for additional mitigation to the
Meadowcreek and/or Rivanna impacted by destruction of streams and treecutting within Albemarle
Place.
Thank you for the opportunity to speak to you.
Katherine E. Slaughter
Cato~mas O//~ce: 200 W~'st Franklin St-., Suite 330 ~ Chapel Hilt, NC 27516-2559 * 9t9-967-1450
South Of/)'ce: The Candler Building ~ TI 27 Peach~ree St., Suite 605 ~* Atlanta, GA 30303-1800 ~ 404-521~9900
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