COUNTY OF ALBEMARLE
Request to amend the Hollymead Town Center Area B Proffer which required Meeting Street to be constructed as a half section by June 15, 2006
LEGAL REVIEW: YES
November 1, 2006
ACTION: X INFORMATION:
The Planning Commission heard this request on September 5, 2006. Staff had recommended disapproval and the Commission recommended denial due to lack of progress by the Owner. Exhibit A is the staff report for the Planning Commission public hearing.
On October 13, 2006 the applicant for the rezoning of Area A met with County staff to discuss a schedule for constructing the half section of Meeting Street in order to satisfy the original Area B proffer.
The Area A applicant would prefer to build the full section of Meeting Street at one time (once a rezoning on Area A is approved). However, the timing of the approval of the Area A rezoning is unknown at this time as the project is still being conceptualized.
Nevertheless, the Area A applicant has begun construction of Meeting Street, which will allow the Area B applicant to fulfill their Meeting Street proffer. The Area A applicant intends to finish construction of the road this November. To date, Meeting Street has storm drains installed and has a rough base of stone. It should be possible to complete the road this calendar year. Once the road is complete, it will be reviewed and should be accepted by VDOT by late spring 2007. (VDOT can take up to six months to accept a road into the VDOT system.)
Since the Planning Commission denied the request to extend the proffer by two years, the applicant has resubmitted proffers in which he requests that the proffer only be extended by one year to allow for Meeting Streetís construction and VDOT acceptance (See Exhibit B, revised proffers). The resulting deadline to build Meeting Street and have it accepted by VDOT would be June 15, 2007. Given that it is not likely the road can be accepted by VDOT in advance of that date and in order to provide some flexibility with respect to weather and other construction and review variables, the proposed change is a practical, but not excessive extension of the original proffered deadline that was not met.
In consideration of the road now being under construction, staff believes that an extension of the proffers as now proposed is acceptable and that concerns raised by staff and the Planning Commission in recommending denial of the originally proposed proffer change are now better addressed. Therefore, staff recommends approval of revision of the proffer for the Meeting Street half section which proposes to extend the deadline to construct and have the road accepted by VDOT by June 15, 2007.
EXHIBIT A: Staff report presented to the Planning Commission
PC actions letter
EXHIBIT B: Proffers
View PC minutes
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