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Home My WebLink AboutZMA200100007 Approval - County Zoning Map Amendment 2003-11-18 ... ~ COUNTY OF ALBEMARLE DepartmeT\t of Planning & Community Development 40 I McIntire Road. Room 218 Charlottesville. Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 November 18, 2003 Frank D. Cox, Jr The Cox Company 220 East High Street Charlottesville, VA 22902 RE: ZMA-2001-007 Albemarle Place Tax Map 61W, Section 3, Parcels 19A, 19B, 23 and 24 Dear Mr. Cox: The Albemarle County Board of Supervisors, at its meeting on October 22, 2003, approved the above- noted request subject to the proffers dated October 22, 2003, the amended Exhibits presented on ))October 22, 2003, and the Code of Development dated October 15, 2003, inclusive of the Application ~, Plan. Copies of the proffers, the amended exhibits and Code of Development are attached. If you have any questions, please do not hesitate to contact me. Sincerely, Ucu J V. Wayne ~ Director of Planning & Community Devel W/C/jcf Cc: Amelia McCulley Jack Kelsey Albeville Station JV LLC ~ .¡ 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. 1. 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 impróvements shall be designed, constructed and installed as provided in Exhibits C and D and the Code of Development. \,.~ 2. 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 1 IVIbf5 ~/__I_... ~ Route 29, Hydraulic Road, Commonwealth Drive, and Greenbriar Drive) and intersectional improvements associated therewith. 3. Cash Proffer for Route 29 Regional Transportation: The Own~r 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. 4. Cash Proffer for City of Charlottesville Traffic Calming Improve~er shall contribute Ten Thousand Dollars ($10,000.00) to ~City ot Charlottesville)or the construction by the City of traffic calming improvements on Swcinso~ð'àcr,-cectãf'fÍill 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 funds shall be refunded to the Owner. J 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. rx zþ(~ '00..00 6. 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 :;hall 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. J 2 MbR . "I '',)/D ~ '~ If, five (5) years from the date of approval of the tìrst final site plan or subdivision plat for residential dwelling units,1 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 pe.rmits 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. ;j 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. A. 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 3 Mùi5 ,J??/" ~ ",¡j 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. .rJ B. Off-site Improvements in the City at the Northeast Quadrant ofthe 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 [mal 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. 9. Reservation and Dedication of Land for Regional Route 29 and Hydraulic Road Intersection Impr:ovements: 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 v1DB {6(22.(0. .ø 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 û.~at 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 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. ~ 5 fY\bß (l)f22.(O; 4 (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 tinÏe 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 corner 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 þe 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 I.J.. .. 1_ , . .. ~ (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. Owner: Albeville Station JV, LLC ~~)=~-- Ronald B. Ferrin .j (Sole Manager) Kë)N~LJ Printed Name B¡ ~v'V'j'N' October 22. 2003 Date .,.._~ 7 MDB . J. _ ,.....-_n. - ". .~ £ '. I i I ¡ I I 4" '... .~~ , ¡ ,'" ~ <::;: ~I " f: ~ ~ ~~, ~ ~ ~ P.. ë: ~ -~11 ::1, C/)~.~ ~%ï' 3i ~ ~~ ~I i I ~.:. I >- I ~ ð I ~ ~I . ~ ~ u ~1 ~~ . i ~ ~ § : ! u .. :5: z :J ~ 0 æ ~ ~ :l.¡z ~ ~ 0 ~ j~ g ~ ¡¡ .. 13 . 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":EXTI~ EXHIBIT G RIGHT OF WA Y DEDICA TlON AREA ALBEMARLE PLACE ZONING MAP AMENDMENT ~ THE COX COMPANY =:....~= October 21. 2003 0- .... t--o ~