September 6, 2007


Frank Cox

220 East High Street

Charlottesville, Va 22902



RE:      ZMA-2006-00009 5th Street Avon Center (Signs # 48 & 67 & 68)

            SP-2007-00004 5th Street Avon Center – Parking Structure (Signs # 78 & 81 & 91)


Dear Mr. Cox:


The Albemarle County Planning Commission, at its meeting on July 24, 2007, recommended approval by a vote of 6:1, of the above-noted petition to the Board of Supervisors.


Please note that this approval is subject to the following conditions:


Regarding ZMA2006-00009

  1. All proffers to be submitted in writing acceptable to County counsel as stated in the discussions between staff and the applicant.  


2.       The proffers shall include, but not be limited to, urban design.  The applicant agrees to build the entirety of the project in accordance with ARB urban design and landscape standards.  The portion of the property that is outside of ARB jurisdiction will be overseen by other staff members.


3.       With respect to roads, there shall be substantial completion of all road improvements before the center is occupied.


4.       With respect to the trail link issues, the commitment regarding the pedestrian link on Bent Creek Parkway, as shown in the power point presentation graphics presented tonight, will be complied with.


5.       With respect to transit, the park and ride and transit stops as proposed are adequate.  The Bent Creek Parkway satisfies any cash proffer with respect to transit. 


6.       The proffer with respect to tree preservation shall be two trees for every tree removed in the conservation area. 


7.       A licensed arborist will be engaged and assist throughout the construction project for the maximum preservation of trees on the project. 


8.       The DEQ work plan will be completed and in place prior to the first site plan.


9.       The stormwater proffers are to be drafted consistent with the Biscuit Run standard of 80 percent erosion control.


10.   The reseeding necessary and timing of reseeding will be crafted to meet the stormwater commitment in the Hollymead A1 rezoning.


11.   The applicant shall satisfy the City with respect to frontage and street improvements.


12.   The cultural resources will be designated satisfactorily to staff by a map attached to the proffer.  A Phase I Study will be done prior to any grading.


13.   The applicant will use its best efforts to work with VDOT with respect to enhancement of the VDOT easement area along I-64.


14.   The ARB’s Guidelines and comments from their report shall be adhered to. If the view shed from the EC cannot be mitigated the applicant shall make the back of the buildings look like the front of the building. 


15.   The application plan referred to in the proffers will constitute all of the graphics. All of the plans and illustrations as presented on 7-24-07 would be incorporated as part of the application plan.


16.   The applicant shall provide a copy of the DEQ work plan to staff and the County Attorney’s Office as soon as possible. Bent Creek Parkway is one of the key components of this project and it will be dedicated to public use.  The County Attorney’s Office needs to figure out whether there will be any potential liability with that land being transferred to the County. 



November 7 Exec Summary and Attachments

Planning Commission minutes:  July 24, 2007; March 6, 2007; December 5, 2006; and October 10, 2006

Return to exec summary


Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on September 12, 2007.


If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832.






Claudette Grant


Planning Division