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ZMA201900003 Application 2019-04-09
Application for Zoning Map Amendment `jRG[N�A PROJECT NAME: (How should we refer to this application?) Royal Fern TAX MAP PARCEL(s): 76-54, 76-46A, 76-46F Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, list those tax map and parcel numbers PROPOSAL: REZONE 14.34 ACRES PROPOSAL: AMEND ZMA - FROM R-2, R-10, CO ZONING DISTRICT by doing the following: TO PUD ZONING DISTRICT ❑ By adding Acres EXISTING COMP PLAN LAND USE/DENSITY: from Zoning District community mixed use, urban density to Zoning District LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: ❑ Amend an existing Planned District intersection of 5th St. and Old Lynchburg Road ❑ Amend existing proffers CONVENTIONAL DISTRICTS — RA, VR, R-1, R-2, R-4, El Amend a Code of Development R-6, R-10, R-15, C-1, CO, HC, LI, HI, and DCD zoning districts EXISTING COMP PLAN LAND USE/DENSITY: PLANNED DEVELOPMENT DISTRICTS - MHD, PRD, PUD, NMD, PDMC, PDSC, and PD-11? zoning districts. LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: Are you submitting a preliminary site plan with this application? ❑ YES ❑ NO Are you submitting a preliminary subdivision plat with this application? ❑ YES ❑ NO Are you proffering a plan with this application? ❑ YES ❑ NO Contact Person (Who should we call/write concerning this project?): Justin Shimp Address 912 E. High St. City Charlottesville State VA Zip 22902 Daytime Phone (__j 227-5140 Owner of Record 5th St. Forest LLC and Address _Fax#U on 10 Daytime Phone () - Fax # U Applicant (Who is the Contact person representing?): 5th St. Forest LLC City Address City Daytime Phone U Fax #( E-mail Tustin@shimp-engineering.com State Zip E-mail kyle.redinger@gmail.com State Zip E-mail kyle.redinger@gmail.com FOR OFFICE USE ONLY ZMA # SIGN # Fee Amount S Date Paid By who? Receipt # Ck# By: County of Albemarle Department of Community Development 401 McIntiire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Zoning Map Amendment Application Revised 4/23/2018 Page 1 of 5 Section 15.2-2284 of the Code of Virginia states that, "Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality." REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE OFFICIALLY SUBMITTED ® Application Sisnature Page ® One 1 completed & signed copy of the a ro riate checklist (see list on page 3). ® One (1) copy of the Pre -application Comment Form received from county staff ❑ - ■❑ OR ® Seventeen 17 folded copies of an Application Plan for planned development districts (see districts on page 1) ® Seventeen (17) copies of a written narrative The narrative must be laid out to identify each of the bulleted TITLES as follows: • PROJECT PROPOSAL The project proposal, including its public need or benefit; (be as descriptive as possible) ■ For proposed Neighborhood Model District (NMD) - Provide a statement describing how the proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the neighborhood model delineated in section 20A.1 of Chapter 18 are missing from the application, then provide a justification as to why any characteristics cannot or should not be provided with the proposal • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan. including the land use plan and the master plan for the applicable development area; ■ For proposed Neighborhood Model District (NMD) - Provide a narrative as to the project's consistency with the neighborhood model. • IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURE The proposed project's impacts on environmental features. • PROPOSED PROFFERS TO ADDRESS IMPACTS The proposed proffers to address impacts from the proposed project. Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district classification would allow. By State Code, proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezoning must give rise to the need for the proffers; the proffers must be related to the physical development or physical operation of the property; and the proffers must be in conformity with the Comprehensive Plan. Zoning Map Amendment Application Revised 4/23/2018 Page 2 of 5 REQUIRED ATTACHMENTS CONTINUED ❑ One 1 copy of a local traffic impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40. eV ® One 1 copy of the most recent recorded lat, that shows the Deed Book/Page Number, of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. ® Taxes, charges, fees, liens owed to the County of Albemarle As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. For a Neighborhood Model District (NMD) - new or amendment of an existing NMD ❑ Seventeen (L7J copies of the Code of Development satisfying the requirements of section 20A.5. ❑ One J1) copy of a,parkinp, and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8, and transportation demand management strategies as provided in section 4.12.12; provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. ❑ One 1) copy of strategies for establishing shared stormwater management facilities, off -site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. OPTIONAL ATTACHMENTS: ❑ Proffer Form signed by owner(s) (1 copy). CLIf P++ rMfj_C,,, ❑ Additional Information, if any. (17 copies) vyoy �j THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND STAFF DURING THE MANDATORY PRE -APPLICATION MEETING. ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION: CONVENTIONAL ZONING DISTRICT CHECKLIST PLANNED DEVELOPMENT ZONING DISTRICT CHECKLIST NEIGHBORHOOD MODEL DISTRICT CHECKLIST PROFFER FORM S Word doc STAFF ANALYSIS OF ZMA & SP REQUESTS WATER AND SEWER EVALUATION CHECKLIST PLANNING COMMISSION REQUEST FOR INFO Zoning Map Amendment Application Revised 4/23/2018 Page 3 of 5 APPLICATION SIGNATURE PAGE VERIFICATION OF THE SIGNATURE ON THIS PAGE MUST HAPPEN BEFORE THE APPLICATION MAY BE DEEMED COMPLETE If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, an LLC, a corporation, a partnership or association, or a trust, then a document acceptable to the County must be submitted with this application certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application and must include any applicable documents authorizing that person to provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. o One 1 copy of the applicable ownership information. CHECK AS OWNERSHIP OF THE PROPERTY IS A DOCUMENT TO BE PROVIDED FOR THIS APPLICATION APPLICABLE Limited liability company ("LLC") The articles of organization and when the power is delegated to someone other than a manager or a member, also the operating agreement. ❑ Stock & Nonstock corporation (1) for a board of directors (1) a. Stock - the articles of incorporation or a shareholders agreement may limit the board's statutory authority. b. Nonstock - the articles of incorporation and the by-laws, the latter of which may include a member or director agreement, may limit the board's statutory authority (2) for a person expressly authorized (2) written evidence of that authorization such as a board resolution or by the board of directors board minutes (3) for a committee (3) an action of the board of directors authorizing the committee to act; the articles of incorporation or the by-laws may limit the statutory authority (4) for a corporate officer (4) the by-laws or the delegating resolution of the board of directors. ❑ Partnership The statement of partnership authority, which may limit the authority of one or more partners. ❑ Limited partnership The partnership agreement, or amendments thereto, which may limit the authority of one or more general partners. ❑ Incorporated & Unincorporated church and (1) for trustees, an authorizing court order other religious body (2) for the corporation holding title, the appropriate corporate documents (3) for a bishop, minister or ecclesiastical officer, the laws, rules or ecclesiastical polity of the entity that authorizes the person to hold, improve, mortgage, sell and convey the property. ❑ Land trust The deed of conveyance to the trustees and the trust instrument See Attachment A in the Land Use Law Handbook for a complete list of Authorized Signatories for Land Use Lkpplications Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from al being sent via first class mail. Signature of Owner/Agent or Contract Purchaser D e Print ]qanle Da a phone umber of Signatory Zoning Map Amendment Application Revised 4/23/2018 Page 4 of 5 DocuSign Envelope ID: 84C89977-8ADD-4C1E-9C3D-1409A4701EDC AFFLIUAI10A SIGNATURE PAGE VERIFICATION OF THE SIGNATURE ON THIS PAGE MUST HAPPEN BEFORE THE APPLICATION MAY BE DEEMED COMPLETE If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, an LLC, a corporation, a partnership or association, or a trust, then a document acceptable to the County must be submitted with this application certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application and must include any applicable documents authorizing that person to provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. o One 1 copy of the applicable owner-kirip information. CHECK AS OWNERSHIP OF THE PROPERTY 1S A DOCUMENT TO BE PROVIDED FOR THIS APPLICATION APPLICABLE ❑ Limited liability company ("LLC") The articles of organization and when the power is delegated to someone other than a manager or a member, also the operating agreement. � Stock &Nonstock corporation (1) for a board of directors (1) a. Stock - the articles of incorporation or a shareholders agreement may limit the board's statutory authority. b. Nonstock - the articles of incorporation and the by-laws, the latter of which may include a member or director agreement, may limit the board's statutory authority (2) for a person expressly authorized (2) written evidence of that authorization such as a board resolution or by the board of directors board minutes (3) for a committee (3) an action of the board of directors authorizing the committee to act; the articles of incorporation or the by-laws may limit the statutory authority (4) for a corporate officer (4) the by-laws or the delegating resolution of the board of directors. ❑ Partnership The statement of partnership authority, which may limit the authority of one or more partners. ❑ Limited partnership The partnership agreement, or amendments thereto, which may limit the authority of one or more general partners. ❑ Incorporated & Unincorporated church and (1) for trustees, an authorizing court order other religious body (2) for the corporation holding title, the appropriate corporate documents (3) for a bishop, minister or ecclesiastical officer, the laws, rules or ecclesiastical polity of the entity that authorizes the person to hold, improve, mortgage, sell and convey the property. ❑ Land trust I The deed of conveyance to the trustees and the trust instrument See Attachment A in the Land Use Law Handbook for a com lete list of Authorized Signatories for Land Use Applications Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. e vgbWOiommunity Services Board, Inc. 3/15/2019 LyUsa � �saofe6bmDer'Agent or Contract Purchaser Date Lisa Beitz, Executive Director 03/15/2019 Print Name Daytime phone number of Signatory Zoning Map Amendment Application Revised 4/23!2018 Page 4 of 5 e uired FEES to be paid once the application is deemed complete: What type of Zoning Map Amendment are you applying for? ❑ Zoning Map Amendment of less than 50 acres $2,688 ❑ Zoning Map Amendment of greater than 50 acres $3,763 ❑ ALL ZONING MAP AMENDMENTS - FIRE RESCUE REVIEW FEE $75 To_be paid after staff review for public notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. ➢ Preparing and mailing or delivering up to fifty (50) notices )e Preparing and mailing or delivering each notice after fifty (50) $215 $1.08 for each additional notice + actual cost of first-class postage Y Legal advertisement (published twice in the newspaper for each public hearing) I Actual cost (averages between $150 and $250) ➢ Special Exception provide written justification with application - $457 Other FEES that may apply: ❑ Deferral of scheduled public hearing at a licant's request $194 ❑ Resubmittal fees for original Zoning Map Amendment fee of $2,866 First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,344 Resubmittal fees for original Special Use Permit fee of $3,763 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,881 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance. Zoning Map Amendment Application Revised 4/23; 2018 Page 5 of 5 PLANNED DEVELOPMENT DISTRICT ZONING MAP AMENDMENT CHECKLIST for $``A Rezoning of TMP 07600-00-00-046AO and TMP 07600-00-00-05400 at 5th Street Ext./Old �'IRGI13lP Lynchburg Road — 02/25/2019 Project Name / Tax Map Parcel Number (PLANNED DEVELOPMENT ZONING DISTRICTS - MHD, PRD, PUD, NMD, PDMC, PDSC, PDIP) After the mandatory pre -application meeting, county staff will mark this checklist appropriately so that it is clear to the applicant'the information from Sections 33.16, 33.18, and 33.19 that must be submitted with the official application. Required for Provided with application? application (County Staff) (Applicant) SECTIONS 33.16, 33.18, 33.19 X X YES NO X A narrative of the project proposal, including its public need or benefit; X A narrative of the proposed project's consistency with the comprehensive plan, / including the land use plan and the master plan for the applicable development area, and the affordable housing policy. X A narrative of the proposed project's impacts on public facilities and public infrastructure. X / A narrative of the proposed project's impacts on environmental features. X A narrative of how the proposed project will address impacts to schools, fire/safety, / / transportation, and parks. X One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions. X If the project is to amend an existing planned development district and the proposed amendment would affect less area than the entire district, the applicant shall submit a map showing the entire existing planned development district and identifying -any area to be added to or deleted from the district, or identifying the area to which the amended application plan, code of development, proffers or any special use permit or special exception would apply. X An application plan showing, as applicable: X r 1) the street network, including PLANNED DEVELOPMENT DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 1 of 3 Id within the project and dcirculation 2 connections to existing and proposed or planned streets within and outside of the project; 2) typical cross -sections to show X ❑ proportions, ❑ scale and 11d streetscape/cross-sections/circulation; X 3) the general location of pedestrian and bicycle facilities; WL4 _.QV— X ✓ 4) building envelopes; p� D ,„ r bL.U' `_ AA -Ca-__ X / 5) parking envelopes;``" YtS-�vi �dl powLi cz,,n.e�.s Shv� >n X 6) public spaces and amenities; X ✓ 7) areas to be designated as conservation and/or preservation areas; X 8) conceptual stormwater detention facility locations; - IYl X 9) conceptual grading; X 10) aussee table delineating 2 use types, 2 the number of dwelling units, ❑ non-residential square footage, ❑ building stories and/or heights, 6U P-*"W W �0 ❑ build -to lines, 40yv1 �- ❑ setbacks and yards, and ❑ other features; X 11) topography, using the county's geographic information system or better topographical information, and the source of the topographical information, supplemented where necessary by spot elevations and areas of the site where there are existing critical slopes; X 12) the general layout for water and sewer systems; PLANNED DEVELOPMENT DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 2 of 3 x 13) the location of central features or major elements within the project essential to the design of the project, such as ld major employment areas, Br' parking areas and structures, ❑ civic areas, ❑ parks, open space, ❑ green spaces, ❑ amenities and recreation areas; 14) standards of development including x LJ proposed yards, f-t U ��-( S py, � f `� PUP J open space characteristics, a1d a� landsca e� archi-t9ec�tural characteristics related to scale, ❑ proportions, and ❑ massing at the edge of the district; 15) a conceptual lot layout; and x x Other special studies or documentation, if applicable, and any other information identified as necessary by the county on the pre -application comment form. -a Traffic Impact Analysis as requested by Kevin McDermott, Transportation Planner Wpy x A local traffic impact statement as re q ired by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40. Please note: There are additional submittal requirements outlined on the official application for a Zoning Map Amendment. Read and Sign I hereby state that, t Phe b st of my knowledge, the official application submitted contains all information marked an this checklist as re it o appUca 3 xj Signature of person c mp a ing this cklist Date .YmD Lt3fl - ZZ_+ -IS-NO Print Name I Daytime phone number of Signatory PLANNED DEVELOPMENT DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 3 of 3 Phone (434) 296-5832 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Memorandum Fax (434) 972-4126 To: Justin Shimp, Shimp Engineering (Justin(a)-shimp-engineering.com); Kelsey Schlein (kelsey(@shimp- engineering.com) From: Andrew Reitelbach, Senior Planner Date: March 8, 2019 Subject: Mandatory Pre -Application Meeting for TMP 076000000046AO and TMP 07600000005400 on 02-25-2019 The following are County staff comments regarding the above noted pre -application meeting. This meeting satisfies the requirement for a pre -application meeting prior to submittal of your zoning map amendment application ("rezoning"). The purpose for the meeting is summarized below: The purposes for a pre -application meeting are to: (i) provide the applicant and the county a common understanding of the proposed project; (ii) inform the applicant about the proposed project's consistency with the comprehensive plan, other relevant policies, and county regulations; (iii) broadly identify the planning, zoning and other issues raised by the application that need to be addressed by the applicant; (iv) inform the applicant about the applicable procedure; and (v) allow the director to identify the information the applicant must submit with the application, including the supplemental information, pursuant to Sections 33.16 through 33.19. The following are staff comments: (i) Provide the applicant and the county a common understanding of the proposed project. The applicant requested a pre -application meeting to discuss a zoning map amendment (ZMA) to rezone TMPs 76- 46A and 76-54 from the R-2 Residential Zoning District and the R-10 Residential Zoning District to the NMD, Neighborhood Model District. During the meeting, the PUD, Planned Urban Development zoning district, was also discussed as an option, and the applicant followed up with the intent to pursue a PUD. TMP 76-46A measures 10.162 acres, is zoned R-2 Residential, and is located on both the east and west sides of Old Lynchburg Road, south of 1-64. Old Lynchburg Road splits the parcel into two disjointed pieces. The property is currently wooded. TMP 76-54 measures 3.429 acres, is zoned R-10 Residential, and is located to the north of 5th Street Ext., south of 1-64. The property is currently wooded, although a site plan is currently under review by the Planning Division for a townhouse development called Royal Fern Townhomes (SDP2018-00081). These parcels lie within the Airport Impact Area (AIA), Entrance Corridor, and Managed Steep Slopes overlay districts. As stated by the applicant during the meeting, the applicant proposes to continue development of TMP 76-54 with the by -right townhouse use, whether or not the proposed rezoning moves forward. This proposed zoning map amendment would rezone both TMP 76-46A and 76-54 to a planned development district, incorporating the current by -right townhouse development under review, to allow for a total of approximately 80 townhouse units, 150 multi- family units, and a maximum two -acre commercial site. In the concept plan provided for the pre -application meeting, an internal street network within the development is shown that would provide parcel frontage to each new lot. If this network is proposed to be private, a private street request would need to be submitted. 1. Section 33.15 - Application for a zoning map amendment 2. Section 18.2.1 (2) — By -Right (Attached single family dwellings) 3. Subdivision Ordinance - Section 14-233 (B) and 14-234 (A) — Private Street Authorization Request (ii) Inform the applicant about the proposed project's consistency with the Comprehensive Plan, other relevant policies, and County regulations. TMPs 76-46A and 76-54 are located in the Southern and Western Urban Neighborhoods Development Area. The Southern and Western Urban Neighborhoods Master Plan designates the future land use classification of TMP 76-54 and the portion of TMP76-46A east of Old Lynchburg Road as Community Mixed Use. The portion of TMP76-46A west of Old Lynchburg Road is designated as Urban Density Residential. Community Mixed Use allows residential (up to 34 units/acre), community scale retail, service and office uses, places of worship, schools, public and institutional uses. Urban Density Residential allows residential (6.01-34 units/acre); supporting uses such as places of worship, schools, public and institutional uses, neighborhood scale commercial, office, and service uses. Proposals for development in the designated Development Areas are evaluated for conformity with the Neighborhood Model. Applicable principles are mixture of housing types and affordability; redevelopment; relegated parking, parks; recreational amenities and open space; interconnected streets and transportation networks; and respecting terrain and careful grading and re -grading of terrain. The applicant should provide a project narrative explaining how the projects is consistent with the Comprehensive Plan and with the Neighborhood Model Principles. • Explain whether any affordable units are proposed within the project and how the development will address the affordable housing policy within the Comprehensive Plan. • State how environmental features, public facilities and infrastructure, and schools, police, and fire services will be impacted by the development and how they will be addressed. (iii) Broadly identify the planning, zoning and other issues raised by the application that need to be addressed by the applicant. A Planned Unit Development (PUD) must be in accordance with Sections 8 and 20 of the Zoning Ordinance. • The PUD requires a minimum size of 100 acres (Section 20.7.1). Because this property is not 100 acres, to move forward with a rezoning to PUD on these two parcels, a special exception would need to be approved by the Board of Supervisors, pursuant to Section 8.2(b). This special exception could be applied for and reviewed concurrently with the ZMA application. • In addition, there are regulations governing commercial/service areas in PUDs (Section 20.9) that would need to have an approved Special Exception by the Board of Supervisors depending on the desired commercial/service uses and sizes proposed by the applicant. 20.9 has restrictions on the amount of commercial space (20.9.3) and the sequencing of building permit approval (20.9.4) allowed in PUDs. These requirements could be waived in accordance with Section 8.2(b), and this special exception could be applied for and reviewed concurrently with the ZMA application, similar to the acreage requirement mentioned above. • Additional special exceptions may be needed depending on the proposed plan. • If the applicant desires a use within the PUD that requires a Special Use Permit, the SP for that use can be applied for and reviewed concurrently with the ZMA request, pursuant to 20.3.2 and 20.4.2. The applicant would not need a separate application or fee for such SP requests. • If the internal streets of the development are proposed to be private, pursuant to Section 14-233 (b), the agent may approve private streets in the development areas proposing attached dwelling units. Detached dwelling units served by private streets require Planning Commission approval. The applicant will need to submit the necessary materials in order to justify the authorization request, in accordance with Section 14- 234 (A) of the Subdivision Ordinance. • An application plan is required for the rezoning. • These parcels are in the Entrance Corridor and are subject to review by the County's Architectural Review Board. • Development will have to be in accordance with Section 4.16, open space and recreational requirements. Not less than 25% of residential areas must be in open space (20.8.2), unless a special exception is applied for and granted by the Board of Supervisors. • A traffic impact analysis will be required for this ZMA application. (iv) Inform the applicant about the applicable procedures. A Community Meeting is required as part of the review of the rezoning request. This meeting should be held, if possible, within 30 days from the date the rezoning application is submitted, and can be held prior to the submittal of the rezoning application. Adjacent property owners and neighborhoods (and the Coordinating Reviewer/planner) should receive advance notification of this meeting (date/time/location). It is preferred that the community meeting be held in conjunction with a meeting of the 51h and Avon Community Advisory Committee (CAC). • Templates for the Community Meeting invitation letter and the Community Meeting Guidelines are attached. • If the applicant knows of any of any waivers or modifications that have not been identified in this letter that are needed to implement the proposed plan, staff recommends that those requests be submitted with the initial application. Staff will then determine if the waivers should be approved with the rezoning action or deferred for action with site plan and/or subdivision plat approval. (v) Identify the information the applicant must submit with the application, including the supplemental information, pursuant to Sections 33.16 and 33.18. • See attached ZMA Checklist. If you have any further questions, please contact me at (434) 296-5832 ext. 3261 or by email at mreitelbachCcDalbemarle.org . Sincerely, Andrew Reitelbach Senior Planner Attached: A) ZMA Application B) Community Meeting Guidelines C) Community Meeting Invitation Letter Template D) ZMA Checklist 2 PROJECT MANAGEMENT SHIMPCIVIL ENGINEERING LAND PLANNING ENGINEERINGa Project Narrative for Royal Fern ZMA 2019- Parcel Description: Tax Map 76 Parcel 54, Tax Map 76 Parcel 46A, and a portion (0.75 acres) of Tax Map 76 Parcel 46F Current Revision Date: March 15, 2015 Pre -Application Meeting Date: February 25, 2019 Acreage / Zoning / Land Use: ACREAGE EXISTING PROPOSED COMP PLAN DESIGNATION ZONING ZONING TMP 76-54 3.43 R-10 PUD Community Mixed -Use (up to 34 DUA) TMP 76-46A 10.16 R-2 PUD Urban Density (6-34 DUA) And Community Mixed -Use (up to 34 DUA) TMP 76-46F 0.75 CO PUD Urban Density (6-34 DUA) (portion) Additional Zoning Considerations: Airport Impact Area (AIA), Entrance Corridor (EC), and Steep Slopes (Managed) Overlay District Location: The property is located at the intersection of 51h Street and Old Lynchburg Road across from the 5th Street County Offices. A portion of parcel 46A and the 0.75 acre portion of parcel 46F are located on the south side of Old Lynchburg Road between Country Green Road and Mountainwood Road. Project Proposal: 5th Street Forest is the Owner of approximately 13.59 acres and is the contract purchaser of 0.75 acres (collectively, the "property") and would like to rezone from Residential (R-2 and R-10) and Commercial Office (CO) to Planned Unit Development (PUD) to allow for office, flex space, storage/light industrial space, along with residential uses (multi -family, townhomes, and single family attached housing). Section 20.7.1 of the Zoning Ordinance requires that the minimum area for establishment of a PUD district is one hundred acres. In conjunction with this PUD zoning request, the Applicant is requesting a special exception in accordance with Section 33.43 to allow the establishment of the district on a property that does not meet the requirement of Section 20.7.1. 5th Street Forest proposes to establish zoning for 150 multi -family homes, 80 townhomes, and 2 acres of commercial property. The existing zoning district boundaries (for the property) appear to have been established without consideration of existing and proposed transportation networks, utilities, subdivisions, and site plans. The Application Plan will establish: 1) A commercial center will provide a new streetscape on the corner of Old Lynchburg Road and 51h Street Extended, 2) A residential development will provide a new streetscape along Old Lynchburg Road (adjacent to the commercial center) along with an internal streetscape along a new street connection between Sterling University Housing (Wahoo Way) and Old Lynchburg Road, and 3) A multi -family housing development will provide a new streetscape, addressing the corner on the corner of Old Lynchburg Road and Country Green Road and continuing along the frontage of Mountainwood Road. Consistency with the Comprehensive Plan: The property is located within the Southern and Western Urban Neighborhoods Development Area. A portion of the property (approximately 8.6 acres) is fronting on 5th Street Extended and is located directly across from the 5th Street County office complex (which is designated as a neighborhood center on the future land use map). This portion of the property is designated as Community Mixed Use on the future land use map which accommodates the proposed commercial use along with a maximum of 34 residential units per acre. The remaining acreage (approximately 5.7) of the property lies on the south side of Old Lynchburg Road and is designated as Urban Density on the future land use map. Urban Density accommodates 6-34 units per acre of residential use and multi -family housing is proposed in this area. Additionally, this area of Albemarle County has been recognized by the Governor as a U.S. Department of the Treasury "Qualified Opportunity Zone", which provides a new revitalization tool for low-income census tracts in the Commonwealth. The multi -family and attached housing proposed with this application will address the needs of State and Federal housing objectives along with the housing objectives outlined in Chapter 9 of the County Comprehensive Plan. The proposed project anticipates streetscape improvements, including multi -use trails, sidewalks, and plantings along Th Street Extended, Old Lynchburg Road, Country Green Road, and Mountainwood Road. These improvements will link existing neighborhoods and uses surrounding the property. Surrounding Uses: Two multi -family housing developments (one existing and one under construction) are located on the north side of the property. These apartments serve (and are proposed to serve) as off -campus housing for University of Virginia students. A nine -acre office park, owned by the Region Ten Community Service Board, is located adjacent to the property, sharing a western boundary. And various housing and commercial uses are located along Country Green Road and Mountainwood Road, to the south of the property. From a bird's eye perspective, the surrounding uses (including the 5th Street County office complex) are consistent with a PUD application plan, creating a mixed -use center around the County offices and the intersection of Old Lynchburg Road and 5th Street Extended. Impacts on Public Facilities & Public Infrastructure: In addition to the proposed improvements to sidewalks, trails, and landscaping as mentioned above, traffic improvements to 5th Street Extended, Old Lynchburg Road, and Country Green Road are proposed with this zoning request. Please refer to the accompanying Traffic Impact Analysis and Application Plan. The property is within the response district of the Monticello Fire Station and Monticello Rescue Squad and lies adjacent to the response district of the City Fire and Rescue. The property is patrolled by the Blue Ridge Police District, Sector 6, Beat 4 and the Albemarle County Police headquarters is located across 5th Street Extended from the property. According to American Community Survey (ACS) 2017 5 year estimates, there are approximately 2.62 people per household in Albemarle County'. As single family detached housing is not proposed on this property, it is our position that the household size on this property would be 1.97 people per household (or 25% smaller than the County average). With a maximum of 230 units proposed on the site, there could potentially be 453 new residents within the Blue Ride Police District and Monticello Fire and Rescue District. The 51h Street Station Regional Mixed -Use Center is located one mile north of the property and the proposed Biscuit Run State Park is located one mile south of the property. In addition to the County Police headquarters, the County Registrar, the Virginia Cooperative Extension, and various other County resources are located in the office complex across 5th Street Extended from the property. Impacts on Schools The property lies within the Cale Elementary School district, Burley Middle School district, and Monticello High School district. The impact on the school system is substantially determined by the type of homes built on the property. For example, a multi -family or townhome development marketed towards childless households like seniors, college students, and young professionals will have minimal impact on the County school system. According to ACS estimates there are 21,738 Albemarle County residents under the age of 18. With 40,000 households in the County, there are approximately .54 children per household in Albemarle Countyz. There could potentially be 244 new pupils in the Albemarle County Public School (ACPS) System based on these estimates. The Weldon Cooper Center estimates only .3 children per household in single family attached units --if these types of units are built, the estimated number of new pupils in ACPS would be one hundred thirty-six (136). This number would be reduced even further for students who are home -schooled and for students who attend private schools. 'Table "S2501" Occupancy Characteristics. U.S. Census Bureau, 2013-2017 American Community Survey 5-Year Estimates z Table TP05" ACS Demographic and Housing Estimates. U.S. Census Bureau, 2013-2017 American Community Survey 5- Year Estimates Impacts on Environmental Features: All design and engineering for improving the property will comply with applicable County and State regulations. Regional Stormwater Management facilities have been constructed for the Sterling University Housing project (Wahoo Way). These facilities have been designed to accommodate some of, if not all, of the proposed runoff from the property. Any additional stormwater management design will be consistent with similar urban development projects and will utilize a combination of features, such as on -site surface facilities, on -site underground stormwater management facilities, and/or off -site nutrient credits. Proposed Proffers to Address Impacts: Please see the draft proffer statement, included with this application. The application plan will also be proffered as part of this application. � . . • $t4-eftO + 46 TL s - � e� ti r rh � a k • * + Iounta�hrvood ar; Y S 7 . • 1-illa 1t oral r Ridge- and J ';. `. . - . - . • •ham - 'h 0O- Q - SITE » SITE,,'* - • • . r o e reek C'Oak Hill see - • • y M k ANY y� p - •i # b4 I L k r� C 10 b Mountain - � ZONING MAP AMMENDMENT APPLICATION PLAN OWNER/DEVELOPER Fifth Sreet Forest, LLC 250 West Main Street, Suite 201 Charlottesville, VA 22902-0000 TMP(S) 76-46A, 76-54, Portion of 76-46F DISTRICT Scottsville CRITICAL SLOPES & STREAM BUFFER There are no critical slopes or stream buffers within the project area. SOURCE OF BOUNDARY AND TOPOGRAPHY Boundary play from compiled plats for subject parcel and GIS for adjoiners. Two (2) foot contour interval topography from Louisa Aerial Surveys, Inc (08/22/07). Supplemented by additional field survey performed by Roger Ray. FLOODZONE According to the FEMA Flood Insurance Rate Map, effective date February 4, 2005 (Community Panel 51003CO286D), this property does not lie within a Zone A 100-year flood plain. WATER SUPPLY WATERSHED Non -Watershed Supply Watershed WATER AND SANITARY SERVICES Provided by Albemarle County Service Authority (ACSA) USE EXISTING: Vacant PROPOSED: Mixed Use Development ZONING EXISTING: R2, R10 PROPOSED:PUD OPEN SPACE No less than 25% of area shall be open space. Open spaces shall be delineated on site plans and subdivision plats for the development. Recreational requirements will meet regulations in section 4.16 or the Albemarle County Zoning Ordinance. Recreational area will be provided within open space. BLOCK ID UNIT TYPE MAXIMUM #OF UNITS 1 Residential TH, MF 150 2 Residential TH, MF 72 3 Residential TH 30 4 Commercial SC --- 5 Office/Residential 48 NOTES: 1. Affordable Housing: 15% of the residential units built will be designated as affordable for a period of 10 years from the date of issuance of certificate of occupancy. The units will rent at a rate set by HUD -published Fair Market Rents, making the units affordable to those earning up to 80% of the area median income. The property owner shall maintain records documenting the household income of the occupants of the affordable units; and upon request by the County, the property owner shall provide the County with these records 2. Setbacks to comply with section 4.19 of the Albemarle County Zoning Ordinance ROYAL FERN SITE & ZMA DETAILS Sheet 2 of 10 TMP(s) 76-46A, 76-54, Portion of 76-46F Submitted 18 MARCH 2O19 project: 18.004 SHIMP ENGINEERING, P.C. lip .,►'1 �\I''1 \a\,1 _ _ ' _ ,� ZONING MAP AMMENDMENT APPLICATION PLAN \. Villas at Souther Ridge Condos _- _ / —'- .ram % ' , /T , /,' , > _\ — , 11 `\` �_ _ -------------- Villas at Southern Ridge Unit ----- _---------F-- Owners Association , , ,; , - ' ' - - , �� Z'�`- , - \, \ < ; �; �, , I �,� ; - _ - ROYAL F E R N C/O Howard Gordon---'\.� ',' ,�'�,-� , r�'y�;' ;'_ _ ' _ - - --; EXISTING CONDITIONS Zee: Planned Residential Development` \ Sheet 3 of 10 `1 �: Urban Density F$esideqtial 000000 Region Ten Community Services Boa' l Zone: Commercial Office l \ ` l Use: Community Mixed Use Portion of �L'"1-I,,'' /' `J TMP76-46FI11;111 Fifth Street Forest LLC , ' L I , " / - - ♦ ` Zone: R2 Residential Use; Urban-Defisit- Resident aa' - - .��TMP76-52L1 _-----'==T1VfP�76146WrI I ♦TMP76=5zL'�, ` DB \� ;---'Coumtr�6re€trC "I ;��I1u� �; ser, Dale Page \ ^, ,\ Zone. CFrnme[cial\-TN9P. 76-46A, Siddh LLC r Danny Kaye Kyse �' "'\ ♦ \ Wp: Urban Den!ft\Restde ti I ;''� ,I ; ' - - _ -Fifth-Street Forest 'LQ' \ ` \\C/O Dale Page er J► •\ `\ \ \`♦` \�`, I ,`_ ; -,; ♦\\ \ / Zone: R4 Residential 9 Y$ i ' � \ _ _ - done-R� Residential, \` / .I Zone: R4 Residential- \ ' � � � ' ' - - ' ' \Se: ,Urbart pensity Residential` G',Q� " .� \ \ I , ` _ tJselirrban�ensity R�sadentiall, / , • _ _ _ ; �. \ / _ ♦ '� \ �: � �♦. `♦ `♦ ' . "User: Urban Density�esyideritial � . ♦� , _ ', ' - 01 \ / loot, ,rVF: 76-53D - - � - - - � ' / 1 1 ' ` - i � �\j ,\ --' ^\`_ .\ �; , ♦� \\ \Ili I , \.♦ `` ♦` \ '\ \\ \\ \ -', TIVII�hO�r'JY'1\\ \\ D-B , 1 /,,YMP`76153A1 \ 1,1 I , /> \� - NValker, Charlie G* I �) ; /t ' DB 1111 ' � ' / I ► ' _ , - - - - - - , , ", II I I I I' ` - - - - • / ' r ' /_ wo ' , -Fifth Street Forrest L-LC - '\ & Gladys M TR of Walker Living TR, , , Llaneza, Inielle _ _ _ �I,' I, 1 I ' �, , , , J _ - , 'Zone: R2 ResideFjtra+ ' , ,' /,' Zone: R2 Residential _ ,'�; I ' I � ,.� + , / / /' .'Zone: -RI 6 Ftesidential-1 O - _- _ _ ___- __ __ ! - _ _ _-Use_UrbarLQ j sitlr Residential- _ /.' Use\.UrbamBen yRasi intf-4r- = _ =' -- - - --\Llse`CorxTmUniy Min d Use`�I I/ _ ,1 -- - ' OLD LYNCHBURG ROAD 5TH STREET , \ \ \ I '-' TMP(s) 76-46A, 76-54, Portion of 76-46F Ir 0 120 0 120 240 360 LFLFLF---L---F-- Graphic Scale: 1"=120' Submitted 18 MARCH 2O19 project: 18.004 SHIMP ENGINEERING, P.C. � 1 L___J U U Cr T.M. 76-46C1 5.52 ACRES ZONED: R15 OWNER: MOUNTAINWOOD PROPERTIES, LLC DB 1615 PG 687 DB 5010 PG 420 PLAT DB 925 PG 236 PLAT ____ ' i'- - - - ----- - ____Q! `_____________— — _ — i — — — — — —_ —_ — — — ________________________ \ - — -- IF \ - ----- i----- ------------------- --- ------- ------------- ''IIIIII, 1II -------- I III IF ---- I I I III I I I I I ----- ii II\Ilili li I T.M. 76-46A� ___-"'------- ----- __ \1,10 \\'V0\`\\\\ 1 _ WEST PORTION ----------- 4'SQ ACRES _- ------ ZONED 42, \/ / OWNER: FIFTH STifEET . SSA �j �.\ `.\ \ - F6RESTtCC'``----------------------------- DB 4573 PG 270 \ t \ DB 4431 PG 372 --- ---- PG 88,96,97 PLAT -- _ - I F V I 1 1 I • 1 A / � /��,� �,� \ I I I - ------------ \\\1\ ;- ------ \,1 80 0 80 160 240 LFLFLF---L---F- Graphic Scale: 1 "=80' ZONING MAP AMMENDMENT APPLICATION PLAN ROYAL FERN EXISTING CONDITIONS Sheet 4 of 10 I I I I \ ; TMP(s) 76-46A, 76-54, Portion of 76-46F I Submitted 18 MARCH 2O19 project: 18.004 SHIMP ENGINEERING, P.C. r-----''----- \ / / aril/i I \ \ / /, A IrjjjI II Irlr rrr�lrr ' V ,� r 1 `I l III III Ili I 1 I I ' / v' `I' IIrIi iii i i / i ��\ ^ '�' I I V III r /� � Ii'iil _ �/ � lii II111 it ,/ / � , / i-�`� A � i :,.j.:%// /! i /•� i /i / roliil I `� T.M.7�y / 46F (PORTION) REGION TEN CO C..'i•./ 03 LAT D.B.722-518 PLATZe r • \ i1i1 r / / I J i II ri1 I - - ----- -------------- /------ , ---- - / // / / ------------ - / i --- F /i//i%' % /Y -/ / - - - - -/ / ii i ' /' % 'l 1.1% ', i r •\\li - / -- ,-, _ - ---------- / / ,� '/' r /' /I I DI RIM- )) i �\ ` �--________ � �^' �jC�' � '-' / � rrI/ i i ,/� I'� I E%R 4N 527 I I 0 -- ------ -- .IN I I I ----,------" " - if e� - - . i- / - - ___"__ ---'"'-------------- __------ m '/// / •/.I f i/% / j I.r.r,/ Q/ /' 'q[ / •+••"'y •.1/ \�I � D - ;-=l' -= r- D Oi-C-�-,-- _-� -- X-I -------- fill -� m 'i i; O JII 4 rI _--- ;PO�L\ 11 r rx t i C 1 I \ O \ 0 11 111`II 1o I II IV ' '1 \ — C�\\'�E-4ST\POR�IQ : 1\\"ii a. 4�33-270 . \ ``� r r .---- `\ ! / \ �Y>?. .44%1 ��37�, / I ' I O - - \\` 1 ,, \ `{16.3Qi\8�8� 96, &`$7 PLAT DROP D 1 L6` ��\ _ 1 \ D.B..2 2,6�69 .\1\�, __-- �� - ,� .,',/ ;' I✓' �- ,- INLET \ \\ D:6.2168-)'Q6� THRTJ 1-09 -PLAT, ✓, - --- ` _r ' /' ��' - _ TBR \\ D'6,92�45� & 4� LAT- \ `L;------- \ ` `. �/ ,' / / -'-- --C-'' PR ABANDON 11 11 I' ' \\\ '_ \ \ \\\ \ `\\\` \ \ \\`\ 11 ! PIPE _ AND- --- ---- 1 i I I \ `, �`� \ \ `� `�\ `� (/ / 1 !III �ABIE FLL 01 I �1 I \ ` i \ \ > / / ----' D.B.4573-270 1 I \ li ' / i r ` ,1� / ----- D.13,4 671 492----''-" /'i r ( �.424:32 I -----,- D.$:4367=496,- _ \ i( J �' /i7°1B 04 •► i i / J / 501 & 502 PLAT-------:: ---'' 3 D.6.2168-Y66 _.--' 1 1 1 I THIRD 109 P6Afi_ I` '' I 46 -`�► `- -�&AWAE I I'I 'I •, - - _- i i I i ' i i / i i i 4686 IF BIJ - ! PIPE 7BR / i i i l ' 17.131i ____-' A96' pG11UERf l I I }. I \ 1 PATH — �s„�,1 \ \ `_ \ I / ! I,� p} — — — I I (f \ 1 I ZONING MAP AMMENDMENT APPLICATION PLAN ROYAL FERN ---- - EXISTING CONDITIONS Sheet 5 of 10 1 / x 1 � 1 1 I � , T.M.7 5- B PEP- A, D.B.4958- D.B 46 06 THR L--- �'- _ r / J -- T- 1 pEyp 47AT �a Z --- 1 , _ �� � OF LIB.IERT � 0 -- I �1 rr �P \? ; Fo,�teQ-- -U-" ; 1TMP(s) 76-46A, 76-54, Portion of 76-46F 90c) TO REMAIW Submitted 18 MARCH 2O19 wAwwa % HINNY"" 80 �, E _ project: 18.004 R� d AVED PAnI \ i VARI LE WIDTH R,W / D.B.1205-314' - - ------ /P.B.XI-257 / i 445.0a Th(RU 262 , NV5.22 .OUT_ ENGINEERING P.C. ZONING MAP AMMENDMENT APPLICATION PLAN 80 0 80 160 240 LFLTLF---L---F- Graphic Scale: 1 "=80' No Parking �/� OREEN Rp p,D G(0-- - - - - - , I ` Legend NO PARKING AREA CONCEPTUAL STORMWATER I ROYAL FERN BLOCK NETWORK Sheet 6 of 10 BLOCK ID UNIT TYPE MAXIMUM #OF UNITS 1 Residential TH, MF 150 2 Residential TH, MF 72 3 Residential TH 30 4 Commercial SC --- ` 5 Office/Residential 48 NOTES: 1. Affordable Housing: 15% of the residential units built will be designated as affordable for a period of 10 years from the date of issuance of certificate of occupancy. The units will rent at a rate set by HUD -published Fair Market Rents, making the units affordable to those earning up to 80% of the area median income. The property owner shall maintain records documenting the household income of the occupants of the affordable units; and upon request by the County, the property owner shall provide the County with these records Q 2. Setbacks to comply with section 4.19 of the Albemarle County Zoning Ordinance C� ry m 2 U Z )- J n J O TMP(s) 76-46A, 76-54, Portion of 76-46F Submitted 18 MARCH 2O19 project: 18.004 SHIMP ENGINEERING, P.C. SIDEWALK Air 80 0 80 160 240 LFLFLF---L---F- Graphic Scale: 1 "=80' / / y '0 .KEEN RDpD 000VCIoR(G------�, ZONING MAP AMMENDMENT APPLICATION PLAN ROYAL FERN PROPOSED CIRCULATION Sheet 7 of 10 I Circulation Key E - - - - ) SIDEWALK EXISTING MULTI -USE PATH <....... > PROPOSED MULTI -USE PATH < .... ■ ■ ■ ..> VEHICULAR FLOW TMP(s) 76-46A, 76-54, Portion of 76-46F J Submitted 18 MARCH 2O19 \ \ \ project: 18.004 SHIMP ENGINEERING, P.C. DRMWATER MUTED TO ISTING CILITY 80 L GrdNl Illy OuctlC. I =0V ZONING MAP AMMENDMENT APPLICATION PLAN ROYAL FERN BLOCK NETWORK Sheet 8 of 10 BLOCK ID UNIT TYPE MAXIMUM #OF UNITS 1 Residential TH, MF 150 2 Residential TH, MF 72 3 Residential TH 30 4 Commercial SC --- 5 Office/Residential 48 NOTES: 1. Affordable Housing: 15% of the residential units built will be designated as affordable for a period of 10 years from the date of issuance of certificate of occupancy. The units will rent at a rate set by HUD -published Fair Market Rents, making the units affordable to those earning up to 80% of the area median income. The property owner shall maintain records documenting the household income of the occupants of the affordable units; and upon request by the County, the property owner shall provide the County with these records 2. Setbacks to comply with section 4.19 of the Albemarle County Zoning Ordinance Legend NO PARKING AREA CONCEPTUAL STORMWATER TMP(s) 76-46A, 76-54, Portion of 76-46F Submitted 18 MARCH 2O19 project: 18.004 SHIMP ENGINEERING, P.C. 5TH STREET NEW CROSSOVER - �•-. _ 80 0 80 160 240 LFLFLF---L---F- Graphic Scale: 1 "=80' ZONING MAP AMMENDMENT APPLICATION PLAN ROYAL FERN PROPOSED CIRCULATION Sheet 9 of 10 Circulation Key E - - - - * SIDEWALK EXISTING MULTI -USE PATH <....... > PROPOSED MULTI -USE PATH <......... > VEHICULAR FLOW TMP(s) 76-46A, 76-54, Portion of 76-46F Submitted 18 MARCH 2O19 project: 18.004 SHIMP ENGINEERING, P.C. ZONING MAP AMMENDMENT APPLICATION PLAN MULTI -USE PATH OLD LYNCHBURG ROAD & 5TH STREET OLD LYNCHBURG ROAD CURB SHOULDER ( j ySHOULDER � 11 ' 2.5' 10' TRAVEL LANE 14' MULTI -USE PATH 5 0 5 10 15 LFLTLF---L---F- Graphic Scale: 1 "=5' ROYAL FERN CONCEPTUAL STREET SECTIONS Sheet 10 of 10 12' 8' 1 2.5' 6' �� 6' TRAVEL LANE OPTIONAL STREET PARKING 12' LANDSCAPE STRIP SIDEWALK 34.5' TMP(s) 76-46A, 76-54, Portion of 76-46F Submitted 18 MARCH 2O19 project: 18.004 SHIMP ENGINEERING, P.C. Original Proffers X Amendment DRAFT PROFFER STATEMENT ZMA Number: 2019- Tax Map and Parcel Number: 07600-00-00-05400, 07600-00-00-046A0, 07600-00-00-046FO (portion) Owner: 5th Street Forest LLC Date of Proffer Signature: DRAFT 14.34 Acres from R-2, R-10, and CO to PUD 5th Street Forest LLC, is the owner (the "Owner") of Tax Map and Parcels 07600-00-00-05400 and 07600-00-00-046AO and is the contract purchaser of a portion of 07600-00-00-046FO (collectively, the "Property") which is the subject of rezoning application ZMA No. 2019-, a project known as "Royal Fern" (the "Project"). Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the requested zoning district, Planned Unit Development (PUD). These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. Each signatory below signing on behalf of the Owner covenants and warrants that it is an authorized signatory of the Owner for this Proffer Statement. 1. FUTURE USES: Highway Commercial Uses: The use of the property within the "Shopping Center" designated area on the PUD Application Plan prepared by Shimp Engineering dated March 18, 2019 shall allow for all by right uses pursuant to Section 24.2.1 of the Albemarle County Zoning Ordinance, as in effect on March 18, 2019, except for the uses expressly provided for herein: • 24.2.1 (L) Automobile laundries • 24.2.1 (2.) Automobile, truck repair shops • 24.2.1 (22.) Machinery and equipment sales, service, and rental • 24.2.1 (23.) Manufactured home and trailer sales and service • 24.2.1 (25.) Motor vehicle sales, service and rental • 24.2.1 (34.) Wholesale Distribution 9 24.2.1 (32.) Sale of major recreational equipment and vehicles • 24.2.1 (46.) Storage Yards • 24.2.1 (50.) Drive -through windows OWNER: 5th Street Forest LLC (to be signed upon final submission of proffer statement) By: Kyle Redinger Title: Manager Tax Map and Parcel Number: 07600-00-00-05400, 07600-00-00-046A0, 07600-00-00- 046F0 (portion) The undersigned Owner hereby proffers that the use and development of the Property shall be in conformance with the proffers and conditions herein above. This document shall supersede all other agreements, proffers or conditions that may be found to be in conflict. The Owner agrees that all proffers shall be binding to the property, which means the proffers shall be transferred to all future property successors of the land. WITNESS the following signature: 5th Street Forest COMMONWEALTH OF VIRGINIA CITY/COUNTY OF . to wit: The foregoing instrument was acknowledged before me this day of by Kyle Redinger, manager of 5th Street Forest. My Commission expires: Notary Public 2018 ■ ► APPLICATION FOR A SPECIAL EXCEPTION I ❑ Request for a waiver, modification, variation ❑ Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following 3 copies of a written request specifying the section or sections being requested to be waived, modified, varied or substituted, and any other exhibit documents stating the reasons for the request and addressing the applicable findings of the section authorized to be waived, modified, varied or substituted, Project Name : Provide the following ❑ 3 copies of the existing approved plan illustrating the area where the change is requested or the applicable section(s) or the Code of Development. Provide a graphic representation of the requested change. ❑ 1 copy of a written request specifying the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation. Current Assigned Application Number (SDP, SP or ZMA) 2-"Yk-2_,o1 q Tax map and parcel(s): 'OU — S I , -YU — - +1 Q F Applicant S)64 Address j }� l �V, City 61/[ State Zip Daytime Phone# (_ )- -sY-4x# ( Owner of Record Ste' Address City Daytime Phone# ( ) Fax# ( Email Email State Zip County of Albemarle Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Wh APPLICATION FOR A SPECIAL EXCEPTION APPLICATION SIGNATURE PAGES VERIFICATION OF THE SIGNATURE ON THE NEXT PAGE MUST HAPPEN BEFORE THE APPLICATION MAY BE DEEMED COMPLETE If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, an LLC, a corporation, a partnership or association, or a trust, then a document acceptable to the County must be submitted with this application certifying that the person signing has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application and must include any applicable documents authorizing that person to provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. One (1) cony of the applicable ownership information. CHECK AS OWNERSHIP OF THE DOCUMENT TO BE PROVIDED FOR THIS APPLICATION APPLICABLE PROPERTY IS A Limited liability company ("LLC") The articles of organization and when the power is delegated to someone other than a manager or a member, also the o e . rating agreement. ❑ Stock & Nonstock corporation ❑ for a board of directors Stock - the articles of incorporation or a shareholders agreement may limit the board's statutory authority. Nonstock - the articles of incorporation and the by-laws, the latter of which may include a member or director agreement, may limit the board's statutory authority EJfor a person expressly written evidence of that authorization such as a board resolution or board authorized by the board of directors minutes ❑ for a committee an action of the board of directors authorizing the committee to act; the articles of incorporation or the by-laws may limit the statutory authority for a corporate officer the by-laws or the delegating resolution of the board of directors. The statement of partnership authority, which may limit the authority of one Partnership or more partners. The partnership agreement, or amendments thereto, which may limit the Limited partnership authority of one or more general partners. (1) for trustees, an authorizing court order Incorporated & Unincorporated (2) for the corporation holding title, the appropriate corporate documents church and other religious body (2) for a bishop, minister or ecclesiastical officer, the laws, rules or ecclesi- astical polity of the entity that authorizes the person to hold, improve, mortgage, sell and convey the property. EDLand trust The deed of conveyance to the trustees and the trust instrument See Attachment A in the Land Use Law Handbook for a complete list of Authorized Signatories for Land Use Applications L APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. L , 5 \ Signature of Owner/Agent or Contract Purchaser Date Print Name FOR OFFICE USE ONLY APPLICATION# �+ 34 floc( 1 �ql-ci, Daytime phone number of Signatory Fee Amount $ Date Paid By who? Receipt # Ck# By PROJECT MANAGEMENT SHIM CIVIL ENGINEERING �11 LAND PLANNING E INEE Ia Albemarle County Community Development 401 McIntire Road, North Wing Charlottesville, Va 22902 RE: ZMA2019- Royal Fern Special Exception Request, PUD Minimum Acreage Requirements Exceptions requested: Sec.20.7.1 and Sec.20.10.3 This is a special exception request to reduce the minimum acreage requirement state in Sec. 20.7.1 of the Albemarle County Zoning Ordinance for the establishment of a Planned Unit Development District (PUD) and to waive the requirements of Sec. 20.10.3. Section 20.7.1 - Minimum area required for the establishment of a PUD district shall be one hundred (100) acres. Section 20.10.3 - Building permits for shopping center uses shall not be issued prior to issuance of building permits for eighty (80) percent of the dwelling units approved on the application plan. Per Sec. 20.1 of the Albemarle County Zoning Ordinance, "PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the County's objectives for the urban area, communities and villages." The Royal Fern rezoning proposal would contribute to a robust mixed -use nucleus of an area of the County that has been historically developed as exclusively residential. A PUD district allows for a variety of residential, commercial, office, retail, and service uses —uses necessary to create accessible and diverse communities. This district would allow for the creation of a nucleus where a nucleus is lacking, currently. Please consider granting a special exception request for the minimum PUD acreage requirement because given the existing conditions of the area and the location of the development adjacent to 51h Street the intent of the district can be fulfilled within a much smaller physical area. Additionally please consider granting a waiver for requirements outlined in Sec. 20.10.3. It is our understanding the intent of Sec. 20.10.3 is to ensure there are ample rooftops within a PUD to support the commercial businesses. There are two multi -family housing developments (one existing and one under construction) located on the north side of the property. These apartments serve (and are proposed to serve) as off -campus housing for University of Virginia students. Given the existing number of dwellings in the area, there is likely sufficient demand for services and businesses allowed for in the shopping center area of the PUD. 912 E. HIGH STREET CHARLOTTESVILLE, VA 22902 STATE CORPORATION COMMISSION Richmond, January 19, 2018 This is to certify that the certificate of organization of 5TH STREET FOREST LLC was this day issued and admitted to record in this office and that the said limited liability company is authorized to transact its business subject to all Virginia laws applicable to the company and its business. Effective date: January 19, 2018 f Q�p�co I'vi A7iQN a •_ C lu N to J v x 1903 State Corporation Commission Attest: tC(rkof the Commission CISECOM OpArrap C 4 0 t,v� � U ,��- ' COMMONWEALTH OF VIRGINIA h$ STATE CORPORATION COMMISSION Office of the Clerk KYLE J REDINGER 250 W MAIN ST SUITE 201 CHARLOTTESVILLE, VA 22902 RECEIPT RE: 5TH STREET FOREST LLC ID:S7268164 DCN: 18-01-19-5381 Dear Customer: January 19, 2018 This is your receipt for $100.00 to cover the fee(s) for filing articles of organization for a limited liability company with this office. The effective date of the filing is January 19, 2018. If you have any questions, please call (804) 371-9733 or toll -free in Virginia, (866) 722-2551. Sincerely, Joel H. Peck Clerk of the Commission RECEIPTLC LLNCD CISECOM P.O. Box 1197, Richmond, VA 23218-1197 Tyler Building, First Floor, 1300 East Main Street, Richmond, VA 23219-3630 Clerk's Office (804) 371-9733 or (866) 722-2551 (toll -free in Virginia) www.scc.virginia.gov/clk COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION AT RICHMOND, JANUARY 19, 2018 The State Corporation Commission has found the accompanying articles submitted on behalf of 5TH STREET FOREST LLC to comply with the requirements of law, and confirms payment of all required fees. Therefore, it is ORDERED that this CERTIFICATE OF ORGANIZATION be issued and admitted to record with the articles of organization in the Office of the Clerk of the Commission, effective January 19, 2018. STATE CORPORATION COMMISSION Judith Williams Jagdmann Commissioner DLLCACPT CISECOM 18-01-19-5381 SCC eFile ARTICLES OF ORGANIZATION OF 5TH STREET FOREST LLC The undersigned, pursuant to Chapter 12 of Title 13.1 of the Code of Virginia, states as follows: 1. The name of the limited liability company is 5TH STREET FOREST LLC. 2. The purpose for which the limited liability company is formed is to engage in any lawful business, purpose or activity for which a limited liability company may be formed under the Virginia Limited Liability Company Act. 3. The name of the limited liability company's initial registered agent is Kyle J Redinger. The initial registered agent is an individual who is a resident of Virginia and a member or manager of the limited liability company. 4. The address of the limited liability company's initial registered office, which is identical to the business office of the initial registered agent, is 250 W Main St, Suite 201, Charlottesville, VA 22902. The initial registered office is located in Charlottesville City, Virginia. 5. The address of the limited liability company's principal office where the records of the limited liability company are to be kept is 250 W Main St, Suite 201, Charlottesville, VA 22902. ORGANIZER: /s/ Kyle J Redinger Date: January 19, 2018 Kyle J Redinger VIRGINIA LAND RECORD COVER SHEET FORM A - COVER SHEET CONTENT Instrument Date: 2/27/2019 Instrument Type: DBS Number of Parcels: 2 Number of Pages: [ ] City [)Q County ALBEMARLE TAX EXEMPT? VIRGINIA/FEDERAL LAW [ ] Grantor: [ ] Grantee: Consideration: $1,355,000.00 Existing Debt: $0.00 Actual Value/Assumed: $0.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 Original Book Number: Prior Recording At: [ ] City M County ALBEMARLE FA Original Page Number: RECORDEDIN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Mar 15, 2019 AT 1 04:00 pm BOOK 05145 START PAGE 0626 END PAGE 0635 INST # 201900002359 TOTAL NUM PAGES 0010 EMJ (Area Above Reserved For Deed Stamp Only) Original Instrument Number: Percentage In This Jurisdiction: 100% BUSINESS / NAME 1 pQ Grantor: GAMBIT, LLC 2 pQ Grantor: SNOW PAWS, LLC 1 Grantee: 5TH STREET FOREST, LLC [ ] Grantee: GRANTEE ADDRESS Name: 5TH STREET FOREST, LLC Address: 250 W. MAIN STREET, SUITE 201 City: CHARLOTTESVILLE Book Number: 3038 Page Number: 96 Parcel Identification Number (PIN): 07600-00-00-046AO Short Property Description: 10.162 ACRES ON S.R. 780 Current Property Address State: VA Zip Code: 22901 Instrument Number: Tax Map Number: 07600-00-00-046AO City: CHARLOTTESVILLE State: VA Instrument Prepared By: ZUNKA, MILNOR & CARTER L Recording Paid By: Recording Returned To: WOODS ROGERS, PLC (TIK) Address: 123 EAST MAIN STREET, 5TH FLOO City: CHARLOTTESVILLE State: VA FORM CC-1570 Rev: 7/15 §§ 17.1-223, 17.1-227.1,17.1-249 1 of 3 Zip Code: 22903 WOODS ROGERS, PLC Zip Code: 22902 Cover Sheet A Copyright © 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. VIRGINIA LAND RECORD COVER SHEET FORM B — ADDITIONAL GRANTORS/GRANTEES Instrument Date: 2/27/2019 Instrument Type: DBS Number of Parcels: 2 Number of Pages: 7 [ ] City M County ALBEMARLE GRANTOR BUSINESS / NAME 3 D< Grantor: 5TH STREET SW HOLDINGS, LLC 4 [XJ Grantor: PRANA LAND, LLC [ ] Grantor: [ ] Grantor: [ ] Grantor: [ ] Grantor: [ ] Grantor: [ ] Grantor: GRANTEE BUSINESS / NAME [ ] Grantee: [ ] Grantee: [ ] Grantee: [ ] Grantee: t J v■ au�cc: [ ] Grantee: [ ] Grantee: [ ] Grantee: (Area Above Reserved For Deed Stamp Only) FORM CC-1570 Rev: 10/14 Page 2 of 3 Cover Sheet B §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright 0 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. VIRGINIA LAND RECORD COVER SHEET FORM C — ADDITIONAL PARCELS Instrument Date: 2/27/2019 Instrument Type: DBS Number of Parcels: 2 Number of Pages: 7 [ ] City N County ALBEMARLE PARCELS IDENTIFICATION OR TAX MAP Prior Recording At:[ ] City pQ County ALBEMARLE Percentage In This jurisdiction: 100% Book Number: 2168 Page Number: 107 Instrument Number: Parcel Identification Number (PIN): 07600-00-00-05400 Tax Map Number: 07600-00-00-05400 Short Property Description: 2.359 ACRES AND 0.535 OF AN ACRE Current Property Address: City. CHARLOTTESVILLE Prior Recording At:[ ] City [ ] County Percentage In This jurisdiction: Book Number: Page Number: Instrument Number: Parcel Identification Number (PIN): Tax Map Number: Short Property Description: Current Property Address: City: (Area Above Reserved For Deed Stamp Only) State: VA Zip Code: 22903 slip@: 6lp t,UUC: ■ I 1 II I 1 �1 111�1� 1 ■ 1 1 1 1 1 1 �■1 1 i I I FORM CC-1570 Rev: 10/14 Page 3 of 3 Cover Sheet C §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright © 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. PREPARED BY: RICHARD E. CARTER, VSB# 12325 ZUNKA, MILNOR & CARTER, LTD. 414 Park Street Charlottesville, VA 22902 ` TAX MAP/PARCEL: 07600-00-00-046AO & 05400 Insurer: Chicago Title Insurance Company Assessed Value: $1,378,200.00 Consideration: $1,355,000.00 THIS DEED, made this 27th day of February, 2019, by and between, GAMBIT, LLC, a Virginia limited liability company, SNOW PAWS, LLC a Virginia limited liability company, 5TH STREET SW HOLDINGS, LLC, a Virginia limited liability company, and PRANA LAND, LLC, a Virginia limited liability company, hereinafter referred to as Grantors, and 5TH STREET FOREST, LLC a Virginia limited liability company, hereinafter referred to as Grantee, whose address is: 250 W. Main Street, Suite 201, Charlottesville, VA 22902. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, receipt of which is hereby acknowledged, Grantors do hereby GRANT, BARGAIN, SELL and CONVEY with SPECIAL WARRANTY OF TITLE unto Grantee, the property described in Schedule A, attached hereto. This conveyance is made expressly subject to the easements, conditions, restrictions and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by a limitation of time contained therein or have not otherwise become ineffective. WITNESS the following signatures and seals. Gambit, LLC B (SEAL) Y_.. {S ) I. Har6fd Brownfield, Jr., Member By Ti W Pamela H. Brownfield, Iember STATE OF VIRGINIA CITY OF CHARLOTTESVILLE, TO -WIT: The foregoing instrument was acknowledged before me this )'61hy of ' L 2019, by I. Harold Brownfield, Jr. and Pamela H. Brownfield, Members on behalf of Gambit, LLC. Notary Public�� My commission expires: (S Notary Registration Number:N+ �oLc��llg� OF x: _ R4 MIN 1R PU6 SNOW PAWS, LLC a Virginia limited liability company By: Jana C �tMfiel6, Managingmember STATE OF VIRGIN CITY/COUNTY O to -wit: The foregoing instrument was acknowledged before me thisuNay of March, 2019 by Jana Crutchfield as Managing Member of Snow Paws, LLC, a Virginia limited liability company, for and on behalf of the Company. �f Notary Public .* , �. ✓'fir "�� • •NOTARY •. p PUBLIC `'. t REG # 7374420 ?. MY COMMISSION % p '•, EXPIRES g 11/30/2022 � •`�C;Y��� °'•'E/ LTH d� aeaa o�00,00/09®a4t®6 5th Street SW Holdings, LLC By ILL) Print N N.4' Tide: 771 U STATE OF VIRGINIA CITY OF CHARLOTTESVILLE, TO -WIT: The foregoing instrument was acknowledged before me this 13' day of 2019, by w :;- - ---, _ on behalf of 5th Street SW Holdings, LLC. Notary Public My commission expires: Notary Registration Number: (0-D LA Prana Land, LLC 1v.' B- .ti0� - EAL y ) Irvnig Itarold Brownfield, Jr., atto y-in-fact for Thomas Dingledine, Manager STATE OF VIRGINIA CITY OF CHARLOTTESVILLE, TO -WIT: The foregoing instrument was acknowledged before me this / day of M nc tl 2019, by Irving Harold Brownfield, Jr., attorney -in -fact for Thomas Dingledine, Manager of Prana Land, LLC. Notary Publ My commission expires: fl ,31 dAi c Notary Registration Number: / D,2 5 V C oe SCHEDULE A PARCEL ONE (Tax Map 07600-00-00-046A0): All that certain tract or parcel of land, with improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia, lying on both sides of State Route 780 (Relocated), containing in the aggregate 10.162 acres, more or less, a portion of which is shown as Parcel 46A on a plat by B. Aubrey Huffman & Associates, Ltd., dated October 23, 2001, revised January 24, 2002, recorded with a certificate of plat in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2168, page 105, and the remaining western side of which is shown as Parcel 46A on a plat by B. Aubrey Huffman & Associates, Ltd., dated July 16, 2002, revised May 26, 2005, and recorded in the aforesaid Clerk's Office in Deed Book 3038, pages 96 and 97. PARCEL TWO (Tax Map 07600-00-00-05400): All that certain lot or parcel of land, with improvements thereon and appurtenances thereto, situated in Albemarle County, Virginia, on the north side of State Route 631, containing 2.359 acres, more or less, shown as Lot A, on a plat by B. Aubrey Huffman & Associates, Ltd., dated October 19, 2001, last revised January 24, 2002, and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 2168, page 107. PARCEL THREE: (Parcel Three is currently assessed as a part of Tax Map 07600-00-00-05400) All that certain lot or parcel of land lying in the Scottsville Magisterial District, Albemarle County, Virginia, shown on Sheets 5 and 6 of the plans for Route 631, State Highway Project 0631-002-224, C-502 and recorded in State Highway Plat Book 15, pages 38 and 39, and lying north of and adjacent to the north revised proposed right of way line (07/19/2012) of Route 631, from a point approximately 55 feet opposite Station 121+30.77 (Route 631 construction centerline) to a point approximately 55 feet opposite Station 124+58.27 (Route 631 construction tJG11LCi11111VJ VV11 L0.111111r, V.✓J✓ RlilV, 111010 Vl licss. PARCEL ONE: BEING the same property conveyed to Southeast Limited Partnership, a Virginia limited partnership, by deed from Sydney W. Britton and Louise Britton, husband and wife, dated August 11, 1971, recorded August 17, 1971, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 492, page 369. Pursuant to certificate issued by the State Corporation Commission on January 10, 1995, and recorded in the aforesaid Clerk's Office in Partnership Book 14, page 615, Southeast Limited Partnership, a Virginia limited partnership, was converted to N + S, L.C. PARCEL TWO: BEING the same property conveyed to Southeast Limited Partnership, by deed from Charles H. Pirkey and Mamie B. Pirkey, husband and wife, dated March 1, 1971, recorded March 22, 1971, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 485, page 246. Pursuant to Certificate issued by the State Corporation Commission on January 10, 1995, and recorded in the aforesaid Clerk's Office in Partnership Book 14, page 615, Southeast Limited Partnership, a Virginia limited partnership, was converted to N + S, L.C. PARCEL THREE: BEING the same property conveyed to N + S, L'.C.,'Gambit; L.L.C., Prana Land LLC, and Hummingbird Holdings, LLC., by deed from the Commonwealth of Virginia, acting by and through the Commissioner of Highways, dated November 29, 2012, recorded June 18, 2013, in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 4367, page 496. AS TO PARCELS ONE AND TWO: By deed dated April 2, 2004, recorded April 12, 2004, in the aforesaid Clerk's Office in Deed Book 2726, page 69, N + S, L.C., a Virginia limited liability company, conveyed to Gambit L.L.C., a Virginia limited liability company, an undivided 25% interest; to Prana Land, LLC, a Virginia limited liability company, an undivided 20% interest; and to Hummingbird Holdings, LLC, a Virginia limited liability company, an undivided 5% interest in the subject property. Said deed was corrected by Deed of Correction dated June 23, 2005, recorded August 1, 2005, in the aforesaid Clerk's Office in Deed Book 3038, page 88. AS TO PARCELS ONE, TWO AND THREE: By deed dated October 29, 2013, recorded November 1, 2013, in the aforesaid Clerk's Office in Deed Book 4431, page 372, Gambit, LLC, a Virginia limited liability company, conveyed an undivided 3% interest in the subject property to 5th Street SW Holdings, LLC, a Virginia limited liability company. By deed dated December 29, 2014, recorded January 8, 2015, in the aforesaid Clerk's Office in Deed Book 4573, page 270, N + S, L.C., a Virginia limited liability company, conveyed all of its right, title and interest in the subject property to Gambit, L.L.C., a Virginia limited liability company, and Snow Paws, LLC, a Virginia limited liability company. File No. 106238 T #201900002359 KS OFFICE INSTRUMEN UIT COURT CLER RECORDED ALBEMARLE CO CIRC M ,r 15, 2019 AT 04:00 Pm JON R. ZUG, CLERK by EMJ 50 GRANTOR TAX WAS PAID $1378., 102 OF THE VA. CODE AS REQUIRED BY SEC LOCAL: $699.25 STATE: $689.25 3.01 Names and Addresses. The names and mailing addresses of all Members are set forth on Schedule 1 attached hereto, which shall be amended from time to time to reflect changes in the identity and/or address of the Members. SECTION 4 MANAGEMENT 4.01 Manager. The Company shall be managed by an individual Manager. The initial Manager of the Company shall be Kyle J. Redinger. The initial Manager shall remain as the Manager throughout the term of the Company as provided in Section 1.08, unless said individual resigns or is removed pursuant to Section 4.04 hereof. 4.02 General Powers of the Manager. (a) Except as otherwise expressly limited in this Operating Agreement, the Manager shall have the exclusive right to manage the business of the Company and to make all decisions regarding the business of the Company. The Manager shall carry out the policies, directions, orders and resolutions of the Members in the manner described in this Operating Agreement and as authorized and directed by the Members from time to time. The Manager may delegate prescribed functions to any employee, agent or consultant. (b) The Manager is granted the right, power and authority to do in the name of, and on behalf of, the Company all things that, in its sole judgment, are necessary, proper or desirable to carry out the purposes of the Company, including, but not limited to, the right, power and authority to: (i) Enter into, make and perform contracts, agreements and other undertakings binding the Company that may be necessary, appropriate or advisable in furtherance of the purposes of the Company. (ii) Open and maintain bank accounts, investment accounts and other arrangements (including the right for the Company to place Company funds in one or more general escrow accounts and such funds will be electronically segregated), draw checks and other orders for the payment of money, and designate individuals with authority to sign or give instructions with respect to those accounts and arrangements. (iii) Collect funds due to the Company. (iv) Acquire, utilize for the Company's purposes, maintain and dispose of any assets of the Company. (v) Pay debts and obligations of the Company, to the extent that funds of the Company are available therefor. (vi) With the prior written consent of Greenwood Partners LLC (which consent shall not be unreasonably withheld), borrow money or otherwise commit the credit of the Company for Company activities, grant liens and security interests relating to the assets of the Company to secure such borrowings, or voluntarily prepay or extend any such borrowings (vii) Employ from time to time persons, firms or corporations for the operation and management of various aspects of the Company's business, including, without limitation, managing agents, contractors, subcontractors, architects, engineers, laborers, supplies, accountants and attorneys on such terms and for such compensation as the Manager shall determine, notwithstanding the fact that the Manager, an affiliate of the Manager or any Member may have a financial interest in such firms or corporations. (viii) Make elections available to the Company under the Code. (ix) Obtain general liability and other insurance for the Company, as the Manager deems proper. (x) Take such actions as may be directed by the Members in furtherance of their approval of any matter set forth in Section 4 hereof. (xi) Do and perform all such things and execute, acknowledge and deliver any and all such instruments as may be in furtherance of the Company's purposes and necessary and appropriate to the conduct of its business. 4.03 Actions Requiring Approval of Members. Notwithstanding any other provision of this Operating Agreement, the approval of the Members holding at least sixty percent (60%) of the Units shall be required in order for any of the following actions to be taken by the Manager on behalf of the Company: (a) Selecting legal counsel for the Company; (b) Amending the Articles or this Operating Agreement in any manner that materially alters the preferences, privileges or relative rights of the Members; or (c) Filing or consenting to filing a petition for or against the Company under any federal or state bankruptcy, insolvency or reorganization act. 4.04 Tenure; Removal; Vacancies. The Manager shall hold office until its resignation or removal. The Manager may be removed only upon the affirmative vote of Members holding not less than sixty percent (60%) of the Units, in which event any unpaid portion of the Management Fee shall be immediately due and payable. Any vacancy created or caused by resignation or removal of the Manager shall be filled by the affirmative vote of the holders in aggregate of not less than fifty-one (51 %) percent of the Units; provided, however, that in the event that Kyle J. Redinger shall resign as the Manager of the Company, then Greenwood Partners LLC shall select the successor Manager. I 4.05 Compensation. The Manager shall receive a management fee in the amount of $200,000, payable in equal monthly installments of $3,333.33 beginning March 1, 2018 (the "Management Fee") 4.06 Authority of the Members to Transact Business with the Company. The Company may transact business with the Members and their Affiliates for goods or services reasonably required in the conduct of the Company's business, provided that any such transaction shall be effected only on terms specified herein or, if not so specified, on terms competitive with those that may be obtained from unaffiliated persons on an "arm's-length" basis. 4.07 Power of Attorney. (a) Appointment. Each Member does hereby irrevocably constitute and appoint the Manager serving in office from time to time as the Company's true and lawful attorney -in -fact, with full power and authority in their or its name, place and stead, to make, execute, consent to, swear to, acknowledge, record and file from time to time any and all of the following: (i) Any certificate or other instrument that may be required to be filed by the Company or the Members under the laws of the Commonwealth of Virginia or under the applicable laws of any other jurisdiction in order to conduct business in any such jurisdiction, to the extent the Manager deems any such filing to be necessary or desirable. (ii) Any instrument or document which may be required to effect the continuation of the Company, the admission of an Additional or Substitute Member, or the dissolution and termination of the Company pursuant to the provisions of this Operating Agreement; and (iii) Any agreement, instrument, lease, deed, deed of trust, promissory note, certificate or other document in the name or on behalf of the Company which is necessary or appropriate to implement, effectuate or otherwise carry out any transaction to which the Company is a party or to which the Company or any of its assets or businesses is or may be subject, provided such transaction has been approved by the Manager or the Members, as the case may be, in accordance with the provisions of this Operating Agreement. (b) Duration. The appointment by each Member of the Manager as its attorney - in -fact is irrevocable and shall be deemed to be a power coupled with an interest and shall survive the disability, incompetence, bankruptcy, death or dissolution of any Person given such power, except, that in the event of an assignment by a Member of all or any part of his Membership Interest, this power of attorney shall survive such assignment only until such time, if any, as the successor in interest shall have been admitted to the Company as a Substitute Member and all required documents and instruments shall have been duly executed, filed and recorded to effect such substitution. 4.08 Manager Has No Exclusive Duty to Company. Unless otherwise expressly provided hereunder or under any other agreement entered into between the Company and such person, the Manager shall not be required to manage the Company as its sole and exclusive function, and he may have other business interests and may engage in other activities in addition to those relating to the Company, and neither the Company nor any Member shall have any right, by virtue of this Operating Agreement, to share or participate in such other investments or activities of such individual or to the income or proceeds derived therefrom. SECTION 5 LIMITATION OF LIABILITY; INDEMNIFICATION 5.01 Limitation of Liability of Manager. In any proceeding brought by or in the right of the Company or brought by or on behalf of the Members of the Company, a Manager (in its capacity as a Manager) shall not be liable to the Company or its Members for any monetary damages arising out of any transaction, occurrence or course of conduct, unless in such proceeding the Manager was adjudged to have engaged in willful misconduct or a knowing violation of the criminal law. 5.02 Indemnity of Manager. The Manager shall be indemnified by the Company under the following circumstances and in the manner and to the extent indicated: (a) Every person, and his heirs, executors and administrators, who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding of any kind, whether civil, administrative, arbitrative or investigative, or was or is the subject of any claim, and whether or not by or in the right of the Company, by reason of its being or having been a Manager, or by reason of its serving or having served at the request of the Company as a director, officer, manager, employee or agent of another Entity, or at the request of the Company in any capacity that under Federal law regulating employee benefit plans would or might constitute him a fiduciary with respect to any such plan, whether or not such plan is or was for employees of the Company, shall be indemnified by the Company against expenses (including attorneys' fees), judgments, fines, penalties, awards, costs, amounts paid in settlement and liabili- ties of all kinds, actually and reasonably incurred by him in connection with, or resulting from, such action, suit, proceeding or claim, if he acted in good faith and in the manner he reasonably believed to be in, or not opposed to, the best interests of the Company, provided that no indemnification shall be made in respect of any claim, issue or matter as to which he shall have been adjudicated to be liable to the Company for willful misconduct or a violation of the criminal law in the performance of its duty to the Company unless, and only to the extent, that the court in which such action, suit or proceeding was brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, he is fairly and reasonably entitled to indemnity. The termination of any such action, suit or proceeding by judgment, order or conviction, or upon a plea of nolo contendere or its equivalent, or by settlement, shall not of itself create a presumption that any such person did not act in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the Company. No indemnity shall be available to the Manager for a criminal action or proceeding. (b) Any indemnification under Section 5.02(a) (unless ordered by a court) shall be made by the Company only as authorized in the specific case upon a determination that indemni- fication of such person is proper in the circumstances because the Manager had met the applicable standard of conduct set forth in such paragraph. Such determination may be made either (i) by the disinterested Majority in Interest, or (ii) by independent legal counsel in a written opinion. DocuSign Envelope ID: 84C89977-8ADD-4C1E-9C3D-1409A4701EDC County of Albemarle, Virginia Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 Region Ten Community Services Board, Inc is the owner (the "Owner") of Albemarle County tax map parcel number 07600-00-00-046F0, a portion of which, measuring approximately .75 acres in the aggregate, located on the western side of Old Lynchburg Road is the subject property (the "Property") of this owner's authorization. The Owner hereby authorizes the following individuals and/or representatives of the named entities to submit land use applications on the Owner's behalf in connection with the proposed redevelopment of the aforesaid portion of the property. 5th Street Forest, LLC Kyle Redinger, Manager Such land use applications may include applications to the property committee, zoning map amendments, special use permit applications, subdivision plat and site plan applications, and any other similar applications relating to the proposed redevelopment of the Property. Region Ten Community Services Board Inc DocuSigned by: By. �iSa fx�f,, Lisa Beitz, Executive Director 3/15/2019 Date FLORA nrLAW PETTIT Community Development 401 McIntire Road North Wing Charlottesville, VA 22902 Donald D. Long Attorney at Law Direct: (434) 817-7977 ddl@fplegal.com March 18, 2019 Re: Region Ten Community Services Board, Inc. To Whom It May Concern: Phone: (434) 979-1400 Fax: (434) 977-5109 53o East Main Street P.O. Box 2057 Charlottesville, Virginia 22902 I am counsel for Region Ten Community Services Board, Inc. ("Region Ten, Inc."). Region Ten, Inc. is Virginia nonstock corporation. Lisa Beitz, the Executive Director of Region Ten, Inc. is authorized to sign, on behalf of Region Ten, Inc., any applications or other instruments or documents related to the rezoning application for a portion of Albemarle County Tax Map Parcel 76-46F owned by Region Ten, Inc. Please let me know if you require an) DDL/mal w .fplegal.com Charlottesville I Harrisonburg CURVE DATA CHORD BEARING S69'20'20"W S44°51'01"W S58°59'34"W N81'47'46"W N65°50'49"E N65°58'00"E N45°19'29"E N27°49'16"E N19°59'49"E N30°16'12"E S76'14'42"E S02°48'46"E N21°44'27"E '25'19"E DETAIL SCALE: 1 ' = 30' T.M.76-46CIC4 BOUNDARY LINES ACCORDING TO PLAT RECORDED IN D.B.3038-96 & 97OLD BOUNDAR OVERLA 46 S.Fp.8.2168-106 OUNDARY LINE ORDING TO PLATS RECORDED IN B.925-236 AND D.B.5010-420 46A iTM. STATE ROUTE 1112 1112 MOUNTAINWOOD ROAD 875 COUNTRYC6 GREEN ROAD VICINITY I-64 SITE WAH00 WAYIF 631�- SITE STREETLu 780 LYNCHBURG ROADMANHOLEC11 MAP - SCALE: 1" = 2000' / wC10 ti W r rq MANHOLE F QLOT p S DRAINAGE PIPE HEADWALL LEGEND: IF IS MAG NS pF _x- PF IRON FOUND IRON FOUND MAGNETIC NAIL SET PIPE FOUND OVERHEAD UTILITY LINE FENCE GUARDRAIL T.M.76-54A1 B PEP-UVA,LLC D.8.4958-139 THRU 109 PLAT LINE DELTA RADIUS ARC TANGENT CHORD C1 14'02'41" 1964.86 481.64 242.03 480.43 C2 20-32'06" 502.76 180.19 91.07 179.23 C3 48'40'38" 452.46 384.40 204.66 372.94 29'40'22" 461.31 249.26 127.49 246.49 C5 14'15'O6" 578.08 143.79 72.27 143.42 25°23'26" 119.55 52.98 26.93 52.55 C7 15'56'56" 538.87 150.00 75.49 149.52 CS 18°52'24" 401.04 132.10 66.66 131.51 C9 3'01'13" 3044.10 160.47 80.25 160.45 1'07'32" 525.00 10.31 5.16 10.31 7°31'22" 200.00 26.26 13.15 26.24 C12 26'12'51" 601.62 275.26 140.08 272,86 C13 O'28'02" 3044.10 24.62 12.41 24.82 LINEI BEARING DISTANCE L1 S65'30'00"W 69.04 L2 S72'02'03"W 53.34 L3 S57'26'56"W 51.57 L4 S56°46'20"W 110.53 L5 S69'47'34"W 42.66 L6 N56°49'31"E 25.00 L7 N87°55'38"W 91.84 LBI S56-49'31"W 51.00 L91 N33°10'29"W 31.31 L101 S02'i2'39"W 17.83 Lill S63'12'36"W 176.56 L12j S06'37'57"E 25.00 L131 S83'22'03"W 47.69 L14 N78'31'14"E 30.72 L15 N53°15'37"E 23.02 L16 N18'25'37"E 137.78 L17 N30°49'56"E 14.20 L18 N59'09'56"W 3.82 (MOUNTAIN WOOD ROAD) z I UI LANDSCAPING VARIABLE WIDTH R/W D.B.1205-314 S d) NG 0- HWY.P.B.XI-257 THRU 262 vS T PRIVATEROADuw C14 IF S22 ° �, IF MANHOLE N oS. �0, (D 1 . PLAT) 5, 141. 36'F IRON FOUND SEE 66' IF S80'17'47"E 3.78' oN DROP DETAIL L18 611 FROM CORNER \� v INLET AG C13 L17 �� w ,0 NAIL IS �. N CONCRETE 9L FOUND C10 T.M.76-46F (PORTION) �p FS TIE LINE REGION TEN COMMUNITY SERVICES BOARD,INC. rn q N33°46'13"E 20'ACSA SANITARY o 0 23.93' \ \ D.B. 00503 83 OPLAT ti�O SEWER EASEMENT S m CUg6 9� z BOUNDARY LINES < POLE am D. B. 722-518 PLAT T. (D 713 PLA- �06, z T . M M. 76-54 _ _ \ IF ACCORDING TO PLATS / \ RECORDED IN cu MANHOLE 2 • BB ACRES �9 � D.B.925-236 AND �� \ IRON FOUND D.B.4431-372 0 O \ D.B.5010-420 \ .S31°52'55"E 2.27' �, • Q ` \ / IF T.M.76-46F 9i� FROM CORNER D.6.4367-496. 90' IF 1c3 501 & 502 PLAT (PORTION) E 230 T. M. 76-46A �, R, 001, 9� �G T.M.76-46CI '9 07'Qg D.B.2168-106 P� o MOUNTAIN WOOD \ O IS N79 ° L7 (EAST PORTION) THRU 109 PLAT n PROPERTIES, L.L.C. /� T.M.76-46A 47"E i G% IS 5.67 ACRES IF 0id HEADWALL D.B.1615-687 i N79'11 IF j �S IS FENCE DRAINAGE D.B.4573-270 �'o~ DRAINAGE (WEST PORTION) 131.36 �g PIPE D. B.4431-372 h �� D.8.5010-420 PLAT 4.50 ACRES IF L10 IF, O D.B.3038-88.96 & 97 PLAT PIPE MAG D.B.925-236 PLAT IF (DOES NOT INCLUDE P01 O 11 IS qIp p•8.2168- 06 7T THRU 1 09 PLAT N NS BOUNDARY OVERLAP) O,%" / G1 CONCRETE D.B.4573-270 Z P' O w RAP D.B.925-456 & 457 PLAT �2 , POLE D.B.4431-372 ,•��? `O o Zp' MANHOLE /' �L PADGE OF EMENT OPTIC D. B. 3038-88. 96 & 97 PLAT y G'•, P PP Q` vDGE OF PPD MARKER BOUNDARY LINES D.8.2726-69 ��:" � q'•, � '•, CuN � GV m A 1 •, Z ;um p PAVEMENT / ACCORDING TO PLATS D.B.2168-106 THRU 109 PLAT �;' p q Q m O RECORDED IN D. B.925-456 & 457 PLAT IF tQ' B'BS�'•, y C) ti0 MAG D.B.925-236 AND C �'�q 11 z NS D.B.5010-420 J' r'•G A O ; o T .,'9 ,IS IS MAG E �" IF ;%`G; c°S�S�TQj �6 DRAINAGE NS R/W DEDICATION / POLE �y�9gy"pQ9'•, PIPE IS L1 /4AI .5010-420 PLAT) G OJ Z� rS RON SET L15 � �� p3 L2 `0 P)* MANHOLE T 50.00' ' S87 °01' 37"E L14 IF IF G'' �ooc'q' N67 °1' p6 ISM 6�1 �50��1APJ 2Q�P�5 161IF7' IF G6 IS HYFIRE DRANT POLE �111.67' POLE C5 POLE RO�( N PAW !COUNT STATE ROUTE 87 IS P�� P 9 pc�6• POLE POLE IF L11_-- - ----IF` Sj p� g�E Wp5 31APV 262 RY GREEN 6 IS L5 5� POLE- - AV ROAD- -- LANE O - - P PO 1 ( SN FTRFR 0. 94.41' / �'�C4_ �L12__ WATER T.M.76-52POLE VALVE 9 PAUL RAC E,JR. 30'PRESCRIPTIVE & VALERIE P.RACE EASEMENT D.B.4964-197 D.B.684-149 PLAT T.M.76-52G SIDDH,LLC GRAPHIC SCALE 1"=100' D.B.4495-584,586 PLAT T.M.76-52K WAYNE P.THOMAS 0 ZOO 2OO 3OO & VIRGINIA P.COLLIER D.B.4457-592 D.B.664-149 PLAT NOTES: �OALTH OFG 1. BOUNDARY DATA SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. �C 2. TITLE REPORT BY: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY EFFECTIVE DATE: JULY 31.2003 AT 8:30 A.M., COMMITMENT NO. 31799 'SUx TITLE ABSTRACT: REPUBLIC TITLE SERVICES EFFECTIVE DATE: FEBRUARY 15.2018 AT 8:30 A.M.. CASE NO.: 63349. BRMN RAY SOME EASEMENTS SHOWN. THESE PROPERTIES ARE SUBJECT TO ANY ADDITIONAL CONDITIONS,UTILITIES, Lie. No.002281 EASEMENTS AND/OR COVENANTS THAT MAY EXIST. 3. THIS PLAT REPRESENTS A SURVEY OF THE EXTERIOR BOUNDARIES OF THE PARCEL(S) Z�SHOWN HEREON AND THERE IS NO INTENT TO EXTINGUISH OR COMBINE ANY EXISTING 0+. PARCELS OF RECORD. SUR GL OPTIC MARKERS BOUNDARY SURVEY PLAT TAX MAP 76 PARCEL 46A COMPRISED OF 4.50 ACRES(WEST PORTION) AND 5.67 ACRES(EAST PORTION) AND TAX MAP 76 PARCEL 54,CONTAINING 2.88 ACRES THE PROPERTIES OF GAMBIT, LLC, SNOW PAWS LLC. PRANA LAND LLC AND 5TH STREET SW HOLDINGS, LLC LOCATED ON STATE ROUTE 631(5TH STREET), STATE ROUTE 780(OLD LYNCHBURG ROAD), STATE ROUTE 875(COUNTRY GREEN ROAD), STATE ROUTE 1112(MOUNTAINWOOD ROAD) AND WAH00 WAY SAMUEL MILLER MAGISTERIAL DISTRICT ALBEMARLE COUNTY,VIRGINIA SCALE: i " = 100 ' DATE: APRIL 13, 2018 FOR KYLE REDINGER ROGER W.RAY & ASSOC.,INC. 663 BERKMAR COURT CHARLOTTESVILLE,VIRGINIA 22901 TELEPHONE: (434) 293-3195 RAYSURVEYING.COM 14652