HomeMy WebLinkAboutZMA200100020 Approval - County Proffers 2003-08-06COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
August 18, 2003
Katurah Roell
195 Riverbend Drive
Charlottesville, VA 22911
RE: ZMA-01-20 Hollymead Town Center; Tax Map 32, Parcels 41 D, 43A, 44, 45, and 46 (Area C)
SP -03-30 Hollymead Town Center; Tax Map 32, Parcels 41 D, 43A, 44, 45, and 46
Dear Mr. Roell:
The Albemarle County Board of Supervisors, at its meeting on August 6, 2003, by a vote of 6:0, took the
following actions:
• ZMA-01-20 Hollymead Town Center— Approved by a vote of 6:0, as proffered (copy attached).
• SP -03-30 Hollymead Town Center — Approved by a vote of 6:0.
In the event that the use, structure or activity for which this special use permit is issued shall not be
commenced within twenty-four (24) months after the issuance of such permit, the same shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section,
the term "commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the issuance.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the
Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further
information, please call Jan Sprinkle at 296-5832.
If you should have any questions or comments regarding the above -noted action, please do not hesitate
to contact me.
Sincerely,
W
V. Wayne Ci mberg
Director of Planning & Co munity D velopment
VWC/jcf
Cc: Amelia McCulley Jack Kelsey
Tex Weaver Steve Allshouse
IY �
RE: ZMA-01-20 Hollymead Town Center; Tax Map 32, Parcels 41 D, 43A, 44, 45, and 46 (Area C)
SP -03-30 Hollymead Town Center; Tax Map 32, Parcels 41 D, 43A, 44, 45, and 46
Dear Mr. Roell:
The Albemarle County Board of Supervisors, at its meeting on August 6, 2003, by a vote of 6:0, took the
following actions:
• ZMA-01-20 Hollymead Town Center— Approved by a vote of 6:0, as proffered (copy attached).
• SP -03-30 Hollymead Town Center — Approved by a vote of 6:0.
In the event that the use, structure or activity for which this special use permit is issued shall not be
commenced within twenty-four (24) months after the issuance of such permit, the same shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section,
the term "commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the issuance.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the
Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further
information, please call Jan Sprinkle at 296-5832.
If you should have any questions or comments regarding the above -noted action, please do not hesitate
to contact me.
Sincerely,
W
V. Wayne Ci mberg
Director of Planning & Co munity D velopment
VWC/jcf
Cc: Amelia McCulley Jack Kelsey
Tex Weaver Steve Allshouse
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126
•
September 8, 2003
Katurah Roell
Virginia Land Company
195 Riverbend Drive
Charlottesville, VA 22911
TELEPHONE (434) 296-5832
RE: ZMA-2001-020 Hollymead Town Center Area C
Tax Map 32, Parcels 41 D, 43A, 44, 45 and 46
Dear Mr. Roell:
TTD (434) 972-4012
There is a typographical error in the proffers for this rezoning. Proffer #3 refers
to an entrance permit at the Timberwood Boulevard intersection with Route 20.
This should be read as Route 29. Please file this letter with your copy of the
proffer. No further action is required.
Please contact me if you have questions.
Sincerely,
X
John Shepherd
Manager of Zoning Administration
COPIES: Amelia McCulley, Zoning Administrator; Janice Farrar, Planning
Assistant; Greg Kamptner, Assistant County Attorney; Melvin
Breeden, Director of Finance, Ella Washington Cary, Clerk to the
Board of Supervisors.
CAFiles\Proffers\HoIIymead C Typo correction.doc
ZMA-01-20
PROFFERSs�,. _�---- - --
Hollymead Town Center Area C
July 25, 2003
TAX MAP 32, Parcels 41D, 43A, 44, 45, 46
37.1 Acres
Pursuant to Section 33.3 of the Albemarle County Code (the "Code"), the owners, or
their duly authorized agents, hereby voluntarily proffer the conditions listed below which
shall only be applied, except as specifically set forth herein to the area identified as Regional
Service Area C on the Application Plan, (defined below) comprising all or some of the above
referenced tax map parcels (the "Property").
These conditions are proffered as part of the requested zoning and it is agreed that: 1) the
rezoning itself gives rise to the need for the conditions; and 2) such conditions have a
reasonable relation to the rezoning request:
1. Development shall be in general accord with the Application Plan entitled Rezoning
Application Plans for Hollymead Town Center Regional Service Area C, (Sheets A-1, A-
2, only), prepared by Rivanna Engineering & Surveying, PLC, revised, last revised, July
7, 2003 ("Application Plan"). The standards of development and central features and
major elements within the Property essential to the design of the development shall be in
general accord with the Block Exhibit, the Code of Development's Narrative, and the
Code of Development's tables and appendices set forth in the attached Application
Booklet, entitled "Hollymead Town Center, Application Booklet, ZMA-01-20 (Area C)."
The Owners have presented, as part of their rezoning application, a number of conceptual
plans and illustrations for various purposes, but principally to provide justification for the
rezoning actions they are seeking. Unless 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 not be deemed proffers. The Owners reserve the right to
reconfigure the internal block improvements, consisting of buildings, parking and drive
aisles and drive-through window features and as shown on the Application Plan in order
to: i) comply with conditions imposed by Special Use Permits, and ii) assure compliance
with ARB requirements iii) and provide all necessary storm water management and
BMP's as necessary.
2. The Owners of Area C, as shown on the Application Plan (the "Owner") shall cause
completion of the following road improvements that shall be roads constructed to VDOT
standards and either be accepted by VDOT or be bonded for VDOT's acceptance as
follow:
A. Construction of Timberwood Boulevard, as depicted on the Application Plan
and further described as follows: i) from the intersection at US Route 29 to a new
terminus within Hollymead Town Center that is shown at the extension of the
ZMA-01-020 Attachment E
Hollymead Town Center Area C
VDOT future road improvement project of Airport Road, this will provide the
connection to Airport Road from Route 29 as previously proffered as part of
46 ZMA-94-08. The constructed improvements shall include two Eastbound lanes in
conjunction with the improvements designed for TM 32 Parcels 4 1 D 1 and 41 A to
the first dual lane roundabout at access road B and Westbound lanes of dual left
lanes, one thru lane and one continuous right turn lane from the roundabout at
access road B to the intersection with Route 29, from the roundabout at access
road B a two lane section shall be constructed to the VDOT extension, with
additional turn lanes at intersections located in Area C pursuant to road plans
approved by the Virginia Department of Transportation ("VDOT") and the
County as part of the Area C site plan.
so
B. Construction of dual left turn lanes at the intersection of Route 29 and
Timberwood Boulevard, from northbound Route 29 into Timberwood Boulevard.
The turn lane and taper lengths will be determined with final road plans to be
reviewed and approved by VDOT.
C. Signalization at Timberwood Boulevard and Route 29 shall include
reconstruction at the Forest Lakes Subdivision entrance location, as scheduled in
coordination with VDOT. All turn movements shall be signaled at the
intersection of Route 29 and Timberwood Boulevard, as approved by VDOT.
The existing intersection exiting Forest Lakes shall be reconstructed to maintain
the dual left lanes, the continuous right turn lane and add a through lane according
to the final design in the previous paragraph.
dedicate land and construct a third through D. The Owner proffers to ded lane on
Route 29 (consisting of lane width, shoulder and drainage improvements)
southbound from the entrance road, (Timberwood Boulevard) at the Property's
Northern boundary. The Owner also shall dedicate land or cause to be dedicated
and construct: i) a continuous through lane 500 -feet to the Southern boundary of
Area C, ii) a taper lane consisting of a 200 foot taper beginning at the Southern
boundary and Route 29 (in the event area B is not rezoned and their proffers
accepted), and iii) a continuous right turn lane starting at the right -in at the
Northern boundary of TM 32 Parcel 41A to the right -in at the Southern entrance
of Area C.
E. Construction of one additional continuous right turn Northbound lane starting
1090 feet south of Timberwood Boulevard at the location of the beginning of the
turn and taper of Worth Crossing and Route 29, and terminating at Timberwood
Boulevard.
F. Access Road C, between Area A and its intersection with Timberwood will be
built or bonded before the issuance of the first certificate of occupancy within
Area B. If bonded, the road will be constructed for acceptance by VDOT within
one year of the first certificate of occupancy.
0
ZMA-01-020 Attachment E
4 Hollymead Town Center Area C
The road improvements listed in proffer 2A, 2B, 2C, 2D, 2E and 2F above shall
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 ii) accepted by VDOT for public use or bonded for
VDOT's acceptance as a condition for issuance of any certificate of occupancy
for Area C improvements (except as otherwise provided in proffer 2F). The
width, length, location, (inside median or outside existing pavement), type of
section (e.g., urban vs. rural), and geometrics of all lane improvements shall be as
required by VDOT design standards and detailed plans submitted by the Owner
and approved by VDOT.
3. All road improvements listed in proffer 2 above shall be substantially completed prior to
the issuance of the first Certificate of Occupancy in Area C; notwithstanding the
foregoing, the road proffers described in proffer 2 above shall be satisfied if the Owner
has submitted plans for all such road improvements for review by VDOT, and although
such improvements are not fully completed by the issuance of a Certificate of Occupancy
for Area C, sufficient bond has been supplied to satisfy all costs to complete such
improvements in accordance with plans approved by VDOT. Substantially complete for
the purposes of these proffers shall mean approved sub -base gravel, curb and gutter,
intermediate surface and necessary storm water management improvements and
satisfactory completion of road improvements required for public safety, and
signalization; but shall not include final activated signals which are subject to testing and
synchronization according to VDOT inspection. All proffers to make road improvements
contained in proffer 2 of these proffers are conditioned upon VDOT's approval of an
entrance permit at the Timberwood Boulevard intersection with Route 20 as shown on
the Application Plan. The Owner shall submit to VDOT plans for such road
improvements within 30 days of the rezoning and shall diligently pursue such approvals
from VDOT.
4. Upon request of the County, the Owner shall contribute $10,000.00 to the County or
VDOT for the purposes of funding a regional transportation study for the Route 29
Corridor. The $10,000.00 contribution shall be made within 30 days after requested by
the County after the first final site plan or subdivision plat is approved in Area C and, if
not expended for such purposes within three years from the date the funds were
contributed, such funds shall be refunded to the Owner.
5. The Owner shall contribute $200,000.00 (the "total contribution") to the County for the
puipose of funding capital improvements related to the Hollymead Town Center. The
contribution shall be paid as follows: $100,000.00 shall be contributed to the County
within 30 days after the first final site plan or subdivision plat containing dwelling units
is approved in Area C; the remainder of the contribution shall be paid on a pro rata basis
at the time a certificate of occupancy is issued for each dwelling unit; the pro rata
contribution shall be based upon the number of dwelling units approved as part of the
first final site plan or subdivision plat. If five years after the date of approval of the first
final site plan or subdivision plat the total contribution has not been fully paid, the Owner
3
ZMA-01-020 Attachment E
Hollymead Town Center Area C
shall contribute the unpaid balance within 30 days upon the request of the County. If the
fund is not exhausted within 10 years from the date the last contribution is made, such
unexpended funds shall be refunded to the Owner_
6. Upon the request of the County, for any parcel used for non-residential purposes in the
portion that is currently zoned Light Industry that will be rezoned to PDMC the 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 C'Code") to be
created for the purpose of financing, funding, planning, establishing, constructing,
reconstructing, enlarging, extending or maintaining 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 of the Rivanna River to Airport Road, the
extension of Ridge Road as depicted on the Master Plan, to the South and across the
Rivanna River to connect to Berkmar Drive.
Submitted as of the 25'x' day of July 2003, by: Post Office Land Trust
Y
Charles W. Hurt, Trustee
D
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EI
By:
Shirley L. FisVer, Trustee