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File #: 18-582    Version: 1 Name:
Type: Zoning Map Amendment Status: Passed
File created: 11/12/2018 In control: Board of Supervisors
On agenda: 12/5/2018 Final action: 12/5/2018
Title: Route 29 LLC Appeal of Zoning Administrator's Determination of Proffer Violation
Attachments: 1. Att.A NOV, 2. Att.B 5-20-16 Proffer Request Letter and Invoice, 3. Att.C 5-7-18 Proffer Request Letter, 4. Att.D Kamptner Letter 12-1-15, 5. Att.E Route 29 9-6-18 Petition for Appeal, 6. Att.F Resolution Denying Appeal and Affirming ZA Determination
AGENDA DATE: 12/5/2018

TITLE:
Title
Route 29 LLC Appeal of Zoning Administrator's Determination of Proffer Violation
BODY

SUBJECT/PROPOSAL/REQUEST: Appeal of Zoning Administrator's Determination that Route 29 LLC's ZMA 2012-005 Hollymead Town Center A1 Violated Proffer Regarding Cash Payment of Transit Operating Expenses

ITEM TYPE: Regular Action Item

STAFF CONTACT(S): Richardson, Walker, Kamptner, Herrick, Graham, McCulley, Ragsdale

PRESENTER (S): Amelia McCulley

LEGAL REVIEW: Yes

REVIEWED BY: Jeffrey B. Richardson

BACKGROUND: Hollymead Town Center A1 (ZMA 2005-15) was originally rezoned to Planned Development Mixed Commercial on September 12, 2007. The rezoning was amended by Route 29 LLC twice: on January 12, 2011 with ZMA 2010-014 and most recently with ZMA 2012-005 on December 11, 2013. The relevant proffer was provided with the original rezoning and was not changed with the two amendments. Proffer #4 of ZMA 2012-005 states: "Public Transit Operating Expenses - Within thirty days after demand by the County after public transportation service is provided to the Project, the Owner shall contribute $50,000 cash to the County to be used for operating expenses relating to such service, and shall contribute $50,000 cash to the County each year thereafter for a period of nine (9) additional years, such that the cash contributed to the County pursuant to this Proffer 4, shall total Five Hundred Thousand Dollars ($500,000). The cash contribution in years two through ten shall be paid by the anniversary date of the first contribution."

Public transit service was established to the site on May 2, 2016 and is ongoing. The service is operated by JAUNT. On May 20, 2016, Rebecca Ragsdale, Senior Planner, requested payment of the first $50,000 cash contribution be made payable to the County by June 20, 2016 (Att B). Subsequent to this, Route 29 LLC filed litigation relating to the transit proffer to seek relief. On May 7, 2018, Rebecca Ragsdale r...

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