HomeMy WebLinkAboutSDP201800049 Review Comments Final Site Plan and Comps. 2019-12-05County of Albemarle
Department of Community Development
Memorandum
To: Ryan Yauger, P.E. (RYAUGER@BOHLERENG.COM)
From: Cameron Langille — Senior Planner
Division: Planning Services
Date: August 16, 2018
First Revision: November 16, 2018
Second Revision: May 28, 2019
Third Revision: December 5, 2019
Subject: SDP201800049 — Brookhill Block 3A Final Site Plan
The Planner for the Planning Services Division of the Albemarle County Department Community Development will
recommend approval of the plan referred to above when the following items have been satisfactorily addressed. (The
following comments are those that have been identified at this time. Additional comments or conditions may be added
or eliminated based on further review.) [Each comment is preceded by the applicable reference to the Albemarle County
Code.]
Comments from SDP20180021 - Brookhill Block 3A Initial Site Plan Action Letter:
[32.5.2 (i)] Please address the following comments related to road improvements:
a. Per staff discussion with Ryan Yauger and Alan Taylor on May 18, 2018, Road I will be constructed and dedicated
as a public street. During a follow-up conversation with Ryan Yauger and Alan Taylor on June 1, 2018, County staff
identified the "Neighborhood Street" cross section as the applicable road type for Road 1B (Figure 8 on page 25 of
the Code of Development). This street type requires one side of on -street parking, in addition to two vehicle travel
lanes. The final site plan and road plans for Road I will need to include on -street parking on one side of the street.
Comment addressed. Road 113 is being designed to the Neighborhood Street standard and is under review
through SUB2018-115.
b. A variation to the Code of Development will need to be approved by the Albemarle County Board of Supervisors in
order for Road 1B to be designed to the "Connector Road" cross section as shown in Figure 9 of the Code of
Development. This cross-section requires bike lanes on both sides of the street and no on -street parking. Please submit
the following APPLICATION and all supplemental materials to justify the request. Please be aware that the road
plan application for Road 113 and final site plan application for Block 3A cannot be approved prior to Board of
Supervisor approval of the variation request. Comment addressed. Road 113 is being designed to the
Neighborhood Street standard and is under review through SUB2018-115.
c. On Sheet C-100, please state the application numbers for the road plans under the section titled "Road Improvement
Plans." Include the County approval date. Comment not fully addressed. Road plan application number is SUB2018-
115, please add to Sheet C-101. Once the Road 1B plan is approved, add the Countygpproval date to this sheet.
Rev. 1: Comment not fully addressed. SUB201800115 still under review. Please revise the reference on Sheet C-100
so the application number states SUB201800115." Once approved, add the approval date. Rev. 2: Comment stands,
SUB201800115 not yet approved. Once approved, add approval date to Sheet C-101. Rev. 3: Comment stands,
SUB201800115 not vet approved. Once approved, add approval date to Sheet C-101.
d. On the final site plan for Block 3A, please shade out all road improvements that were subject to review/approval
through the road plan application for the proposed Road 113. The final site plan for Block 3A will need to accurately
depict all improvements within the right-of-ways visible on the plans. Comment addressed.
e. Please label all roads visible on Block 3A final site plan with a width measurement and state whether the road is
public or private. Prior to final site plan approval, all street right of ways that have been dedicated to public use should
feature a label stating the deed book and page number of the recorded instrument. Comment not fully addressed. The
road plans have not yet been approved and the right of way has not yet been platted and recorded. The final site plan
will need to be revised to include the instrument numbers for the Road I right of way prior to final site plan approval.
Rev. 1: Comment not fully addressed. SUB201800115 still under review. Right of ways have not yet been platted or
recorded. Once this is done, please add deed book and page references to all applicable drawings. Rev. 2: Comment
stands, SUB201800115 not yet approved. Once approved, add DB and page numbers to the right of way labels on all
applicable drawings. Rev. 3: Comment stands, SUB201800115 not vet approved. Once approved, add DB and
Pau numbers to the right of way labels on all applicable drawings.
f. Road plans must be approved, and the road improvements must be constructed or bonded for Stella Lane, Road A,
and Road B 1 prior to Block 3A final site plan approval. Comment not fully addressed. The right of way for Road 1 B
must be dedicated prior to final site plan approval. Please submit a subdivision plat that shows the right of way
dedication. This will need to be reviewed, approved, and recorded prior to final site plan approval. The instrument
number for the right of way will need to be added to all applicable drawings that show Road 1B. Rev. 1: Comment
not fully addressed. Right of ways for Stella Lane and Archer Avenue have not yet been dedicated. SUB201800115
still under review. Right of ways have not yet been platted or recorded. Once all right of ways have been dedicated,
please add deed book and page references to all applicable drawings. Rev. 2: Comment stands. Please provide an
update on when the right-of-way for Stella Lane, Archer Avenue, and Salamander Street will be dedicated. Rev. 3:
Comment stands, once the ROWs are dedicated through the plats currently under review, please update the
road labels with DB and page numbers.
2. [ZMA201500007] Based on discussions with County staff, the final site plan will show different entrance door locations to
satisfy the primary building entrance requirements of Section 3.1 and relegated parking standards of Section 2.9 of the Code
of Development. Staff will evaluate this further at the time of final site plan submittal. Comment addressed.
a. If the open space to the north of the proposed ice rink building will be a civic/greenspace area, the primary entrance
may be move there to meet the architectural requirements of Section 3.1. Comment addressed.
3. [General Comment] Please be aware that the travelway that stubs to the north of Block 3A cannot be classified as a street
that will satisfy parcel frontage requirements for future uses to the north of the ice rink in Block 3A. New streets will need to
be provided for future lots created to the north of the Block 3A ice rink parcel. Comment addressed. Applicant has
acknowledged in the response letter to the Block 3A initial site plan comments that the travelway cannot be counted
as a street for parcel frontages to future blocks north of 3A.
4. [32.5.2 (a)] Please provide information on the proposed parcel/lot for Block 3A. Will a new parcel be subdivided to contain
all of the required improvements, landscaping, and the building shown on the Block 3A initial site plan? Based on the
"proposed ROW" line shown on the drawings and the extent of Road 1 B proposed to be constructed, it is difficult to determine
whether another segment of road will be constructed along the "proposed ROW" line, or if that will be a parcel line. Comment
not fully addressed. The site plan does not show the full property boundaries of Block 3A. The southern and eastern property
lines are shown, but not the northern and western lines. Please revise the drawings and ensure that a property line is shown
that meets the 300' — 650' block len tg h requirement. See comment #21 and #34a below regarding moving the propelly lines
to include the loading space and required landscaping behind the ice rink. A subdivision plat to create the Block 3A parcel
will need to be submitted, reviewed, approved, and recorded prior to approval of the final site plan. Rev. 1: Comment not
fully addressed. The western and northern proposed property lines are still not labeled or called out on the site plan. There
is a label for "EOP" on the site layout drawings, but the legend on Sheet C-101 states that this means "Edge of Pavement."
Rev. 2: Comment not fully addressed. Proposed property lines are shown. However, Block 3A parcel has not vet been
created. Once the parcel is subdivided, please show the correct property lines on all applicable drawings and state the DB
and page number for the recorded instrument of the plat. Rev. 3: Comment stands. Once the parcel is subdivided, please
show the correct property lines on all applicable drawings and state the DB and page number for the recorded
instrument of the plat.
a. Block 3A should be located in a parcel meeting the block characteristics specified in Table 2.2.2 and Table 2.3.2.2 of
the Code of Development. This includes minimum/maximum block length, setbacks, relegated parking, minimum
required parking and landscaping, etc. Comment not fully addressed. The site plan does not show the full property
boundaries of Block 3A. The southern and eastern property lines are shown, but not the northern and western lines.
Please revise the drawings and ensure that a property line is shown that meets the 300' -650' block length requirement.
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See comment #21 and #34a below regarding moving the property lines to include the loading space and required
landscaping behind the ice rink. Rev. 1: Comment not fully addressed. The western and northern proposed property
lines are still not labeled or called out on the site plan. There is a label for "EOP" on the site layout drawings, but the
legend on Sheet C-101 states that this means "Edge of Pavement." Rev. 2: Comment addressed.
b. The south building wall which fronts the proposed Road I does not currently meet the maximum 25' front setback
required by Section 2.3.2.2 of the Code of Development. The building should be moved closer to the proposed right
of way/parcel boundary. Based on discussions with Ryan Yauger and Alan Taylor on June 1, 2018, the Road 1B
right of way will be straightened and moved further north so that the south building fagade meets the maximum 25'
front building setback. Comment addressed.
132.5.2 (a)] The land area of all blocks in Brookhill may not be modified more than 15% of the gross land area shown in
Table 2 (page 6) of the Code of Development. Please be aware that the proposed gross land area of Block 3A plus 3B is
currently modified by 13% (0.7 acres less than the acreage specific in the COD), according to the Block Area Summary on
Sheet C-106. The Block Area Summary does not include the proposed acreage of Block 4C, and the Phasing Plan on Sheet
C-106 shows a much smaller Block 3B boundary than the ZMA201500007 Application Plan. Shifts in boundaries of Blocks
1-4 should be carefully considered to ensure that the acreage modifications do not surpass the maximum 15% allowed by the
Code of Development. Comment addressed. Applicant acknowledges the maximum modification of 15% for any block,
and Block 3A is still within the modification percentage permitted according to Sheet C-107 Block Area Summary.
6. 132.5.2 (a)] Prior to final site plan approval, please revise Sheet C-100 and Sheet C-102 so that the correct Tax Map Parcel
numbers for the Block 3A Ice Rink are shown. All TMPs within Brookhill are currently listed, but Block 3A appears to only
be within the parcel currently identified as TMP 46-19133. Comment not fully addressed. The TMP numbers provided on
Sheet C-101, and C-103 are not correct according Albemarle County GIS. Block 3A appears to only be within the parcel
currently identified as TMP 46-19133. Please ensure the appropriate TMP numbers are shown on Sheet C-101, and show the
correct TMP numbers in the parcel labels on the Existing Conditions drawings. Rev. 1: Comment not fully addressed. Sheet
C-101 does not state TMP 46-19133 as one of the parcels. Also, TMP 46-19 should be removed since this TMP no longer
exists. Sheet C-102 should also remove reference to TMP 46-19, and TMP 46-19133 should be added. Rev. 2: Comment
addressed.
a. Please revise the owner name listed on the Cover Sheet because it is incorrect. Albemarle County GIS identifies the
owners of TMP 46-19A, TMP 46-19131, TMP 46-19133, TMP 46-19134 as Crockett Corporation, address of 435 Park
Street, Charlottesville, VA 22901. Comment Addressed.
7. [32.5.2 (a)] There is currently a two -lot division plat under review to create the Block 4B parcel, and this may be approved
and recorded prior to final site plan submittal for Block 3A. On the Block 3A final site plan, please show and label all existing
parcel boundaries with dimensions. Please be aware that the TMP numbers and parcel acreages may change between the
initial and final site plans for Block 3A. Staff may request that the tax map numbers, parcel acreages, and ownership
information be updated on the final site plan to reflect any recorded plats that may be approved prior to the Block 3A final
site plan approval. Comment not fully addressed. A boundary line adjustment plat is currently under review. Additionally,
staff was informed by the developer that a new parcel will be subdivided around the improvements proposed as part of the
Block 3A final site plan. Prior to final site plan approval, the correct TMP numbers and boundary lines must be shown on
Sheet C-101, C-103, and all other applicable drawings. The property labels should include the TMP number and most recently
recorded instrument for any subdivision plats that create new lots. Rev. 1: Comment not fully addressed. The Block 3A parcel
has not yet been subdivided. Prior to final site plan approval, the correct TMP numbers and boundary lines must be shown on
Sheet C-101, C-103, and all other applicable drawings. The property labels should include the TMP number and most recently
recorded instrument for any subdivision plats that create new lots. Rev. 2: Comment stands, the Block 3A parcel has not yet
been subdivided. Prior to final site plan approval, the correct TMP numbers and boundary lines must be shown on Sheet C-
101, C-103, and all other applicable drawings. The property labels should include the TMP number and most recently recorded
instrument for any subdivision plats that create new lots. Rev. 3: Comment stands. Once the Block 3A parcel is subdivided,
please ensure that the correct TMP numbers and DB and page numbers are stated in the labels across all applicable
sheets.
8. [32.5.2 (a)] Please add pages 9 and 10 of the approved ZMA proffer statement to the final site plan. These are currently
missing between Sheets C-103 and C-104. Comment not addressed. Pages 9 and 10 of ZMA201500007 proffers are still
missing. Rev. 1: Comment addressed.
9. [32.5.2 (a)] On Sheet C-100, please add the ZMA application number under the "Code of Development" section. The
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approved application number is ZMA201500007. Comment addressed.
a. On Sheet C-100, the revision date shown for the Code of Development is incorrect. The approved Code of
Development had a final revision date of October 13, 2016. Please amend the label. Comment addressed.
10. [32.5.2 (a)] On Sheet C-100, please state the Special Use Permit application number that was approved to allow grading
activities in the Flood Hazard Overlay District. The approved application number is SP201500025 and the County approval
date was November 9, 2016. Comment addressed.
11. 132.5.2 (a)] Please amend the "Zoning and Overlay Districts" in the Zoning and Site Tabulations table on Sheet C-102. It
should state Neighborhood Model Development District as the primary zoning district. Block 3A also lies within the following
overlay districts: EC - Entrance Corridor Overlay, AIA — Airport Impact Overlay Zoning Districts. Comment addressed.
12. [32.5.1(c)] Please show the boundaries and dimensions of all Managed and Preserved Steep Slopes and wetland areas on the
site plan that are within or adjacent to the Block 3A area. If none are within the vicinity of Block 3A, then add a note to Sheet
C-102 in the overlay zoning districts section stating that no Managed or Preserved Steep Slopes are within Block 3A.
Comment addressed.
13. 132.5.2 (a)] Please amend the "Associated Plans" section in the Zoning and Site Tabulations table on Sheet C-102. It should
be titled "Proffers and Code of Development ZMA201500007" and should state the November 9, 2016 approval date by the
County next to the Brookhill Code of Development. It should also state "Special use Permit SP201500025" with the approval
date of November 9, 2016. Comment addressed.
14. 132.5.2 (a)] Please add a line to the Zoning and Site Tabulations table on Sheet C-102 titled "Block Classification" with
"Urban Density Residential" as the block type for Block 3A, as stipulated by the Brookhill Code of Development. Comment
addressed.
15. 132.5.2 (b)] Per LOD201700025, the Zoning Administrator has determined that the proposed Block 3A ice rink is considered
an ancillary use, as described in Sections 2.2.2 and 2.3.2.2 of the Code of Development. Please amend the "Proposed Use"
section in the Zoning and Site Tabulations table on Sheet C-103. The proposed use should be "Ancillary Uses — Ice Rink."
Comment addressed.
16. 132.5.2 (b)] Per LOD201700025, the Zoning Administrator has determined that the ice rink is classified as an ancillary use
and thus is not subject to the maximum building footprint requirements in Section 2.3.2.2 of the Code of Development. Please
add a line to the Site Tabulations table on Sheet C-103 stating "Block 3A Ice Rink Maximum Permitted Building Footprint:
None, per LOD201700025." Comment addressed.
17. [32.5.2 (f)] Please state whether the property lies within a water supply watershed on Sheet C-103. Comment addressed.
18. [32.5.2 (a)] Please add a line to the "Height of All Structures" on Sheet C-103 stating that buildings greater than 3 stories
must step back a minimum of 15' after the third story or provide a minimum 15' front setback or side setback adjacent to the
street, per Table 2.3.2.2 of the Code of Development. Comment addressed.
19. 132.5.2 (a)] Please state the parking setbacks provided in the "Provided" column of the "Off Street Parking/Loading Space
Yard Setbacks" on Sheet C-103. Comment addressed.
20. 132.5.2 (b)] Please state the square footage and acreage occupied by each use in this portion of Block 3A on Sheet C-103.
This includes the square footage of the proposed use, ice rink, and the overall building square footage. The parking calculation
for the ice rink states that it will measure 16,372 sq. ft., but the overall building will measure 35,000 sq. ft. What other uses
are proposed within the Block 3A building? Comment addressed.
a. Please be aware that recreation areas are classified as ancillary uses to residential uses, per Section 2.2.2 (page 10) of
the Code of Development. Per Table 5 Density Regulations (Page 15), ancillary uses do not count against the
maximum non-residential square footage permitted in each block. Comment addressed.
b. Additional parking may be required to accommodate other uses that may occupy this structure. Comment not
applicable per applicant response to initial site plan comments.
21. 132.5.2 (b) and 4.12.13 (d)i Due to the nature of the use, a minimum of one loading space should be provided within the
Block 3A area. Loading spaces must meet the design standards specified in Section 18-4.12.18 of the Zoning Ordinance.
Comment not fully addressed. The proposed loading space behind the ice rink structure needs to be located within the parcel
boundaries of the Block 3A ice rink property. Please amend all drawings to show the loading space within the property, lines.
Otherwise, an offsite access easement will need to be platted granting the owners of the ice rink lot access to and use of the
loading space if it will not be located on the same parcel. Easement plat will need to be reviewed, approved, and recorded
prior to final site plan approval. Rev. 1: Proposed easement is shown. Prior to final site plan approval, the easement will need
to be created through approval and recordation of an easement plat. Once the plat is recorded, the site plan label for the
easement should be revised to state the deed book and page number of the instrument that created that easement and the
easement should be re -titled to "Private Access Easement" with a width measurement. Rev. 2: Comment stands, the private
access easement that will allow access to the loading space behind the building still needs to be created through an easement
plat application. This application has not yet been submitted, reviewed, approved, or recorded. Rev. 3: Comment stands,
the private access easement is shown on SUB201900117 which is currently under review. Once the plat has been
recorded, update the easement labels with the DB and page number as necessary.
22. 132.5.2 (a)] Per Table 2.3.2.2 of the Code of Development, please show the minimum and maximum setback lines locations
across all applicable drawings. Label each setback line as a front, side, corner side, or rear setback and state the dimensions
in the label. Setbacks should be measured from the proposed right-of-way. Comment not fully addressed. The minimum 5'
setback line and 25' maximum setback line shown behind the ice rink are incorrect; that lot line will be a side parcel boundary
according to the way the plan is currently drawn. Please show a minimum 5' side setback line (label correctly) and remove
the maximum setback line on all applicable drawings. There are no maximum side setbacks required in Urban Density
Residential blocks of Brookhill. Rev. 1: Comment not fully addressed. Please add the words "Front" to the minimum and
maximum setback lines along Salamander Road setback labels. Add the word "side" to the minimum side setback line label.
Additionally, once the Block 3A parcel is subdivided, the rear (north) parcel line and minimum 10" rear setback line should
be shown on the site plan, as well as the side (west) parcel boundary line and minimum 5' side setback line. Rev. 2: Comment
addressed.
23. [32.5.2 (n)] Please add sidewalks along the driveway entrance into ice rink parking lot that connects to the 10' sidewalk in
front of the building. Comment addressed.
24. [32.5.2 (n)] Pedestrian crosswalks must be provided at all locations within the site where ramps connect sidewalks on opposite
sides of vehicular travel ways. Comment addressed.
a. Please label the dimensions and surface materials in compliance with the County's design standards. Comment
addressed. Crosswalk will be within the Road 1B right of way and will be reviewed under that application.
25. [32.5.2 (n)] On the site plan drawings, please label and call out the locations of the primary and secondary building entrances
to the building in accordance with the Urban Density Residential block regulations Section 2.2.2 (page 10) of the Code of
Development. Comment addressed.
26. [32.5.2 (k)] Please show the location of all proposed sewer and drainage easements. Label as "proposed" with a size/width
measurement. Comment partially addressed. Please be aware that all required stormwater and drainage easements will need
to be reviewed, approved, and recorded through a separate easement plat application prior to final site plan approval.. All
applicable drawings showing these easements should be labeled with the instrument number of the approved plat and deed
once it is recorded. These easements should also be noted as "private" easements. Rev. 1: Applicant has acknowledged the
site plan will need to be revised pending easement plat approval and recordation. Once the easement plat is submitted for
review, approved and recorded and the easement labels have been updated with the recorded instrument numbers, this
comment will be addressed. Rev. 2: Per applicant response, this comment has been acknowledged and stands. Once easement
plat is submitted for review, approval, and recordation, the easement labels will be revised to state the correct name of the
easements, their width, and instrument number. Rev. 3: Comment stands. Once SUB201900117 is recorded, please update
drainage easement labels as necessary to state the recorded plat and deeds of dedication.
27. [32.5.2 (1)] Please label all utility easements as "proposed" with a size/width measurement. Comment partially addressed.
Pending ACSA comments, the water and sewer utility easements may need to be reviewed, approved, and recorded through
a separate easement plat application prior to final site plan approval. If ACSA will require this, all applicable drawings will
need to be updated to include the instrument number of the recorded plat/deeds for those easements. Rev. 1: Applicant has
acknowledged the site plan will need to be revised pending easement plat approval and recordation. Once the easement plat
is submitted for review, approved and recorded and the easement labels have been updated with the recorded instrument
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numbers, this comment will be addressed. Rev. 2: Per applicant response, this comment has been acknowledged and stands.
Once easement plat is submitted for review, approval, and recordation, the easement labels will be revised to state the correct
name of the easements, their width, and instrument number. Rev. 3: Comment stands. Once SUB201900117 is recorded,
please update easement labels as necessary.
28. [32.5.2 (n)] Please label the proposed surface materials for all parking lots, travel ways, walkways, etc. Comment addressed.
29. [32.7.9] All required street trees within the right of way of Road 1B will be reviewed and approved with the road plan
application, SUB201800115. The final site plan should contain labels stating which landscaping items are proposed with the
Block 3A site plan, and which are part of the road plan application. Comment not fully addressed. On Sheet C-301, please
add the road plan application number to Note 2. Please add the road plan application number to the callout on Sheet C-701
and Note 1 on Sheet C-701. Rev. 1: Comment addressed.
30. 132.5.2 (n)] Please state the height of all proposed fences and retaining walls in the labels used on the drawings. Profile view
details of all proposed fences, retaining walls, and constructed screening measures will be required with the final site plan.
Each will need to show the types of materials used and dimensions. Comment addressed. Per applicant response to initial
site plan comments, no fences or retaining walls are proposed within Block 3A.
31. [32.7.9] Please move the Landscaping notes in the Zoning and Site Tabulations table on Sheet C-102 to the Landscape
drawings. Comment addressed.
32. 132.5.2 (e)] Please provide more details about the existing landscape features as described in Section 18-32.7.9.4(c).
a. The Albemarle County Conservation Plan Checklist and Chapter 3.38 of the Virginia Erosion and Sediment Control
handbook. The Conservation Plan Checklist will need to be signed by the owners and provided as an exhibit on the
final site plan for Block 3A. Comment addressed.
33. [32.7.9] Please revise the calculations on Sheet C-702. The landscape schedules do not include a column that states the
canopy coverage area per plant species. The canopy area for each species can be found on the Albemarle County
Recommended Plants List and Albemarle County Plants Canopy Calculations tables. PDFs of these documents can be
accessed through the Department of Community Development webpage: LINK. Comment addressed.
a. Staff cannot verify if the provided trees meet the minimum 5% canopy required for the parking lot without the canopy
figures shown on the drawings. Comment addressed.
34. [32.7.9.8 (a)] On Sheet C-702, please provide a calculation for the minimum tree canopy required and proposed in Block 3A
based on the use type. The minimum tree canopy is 10% for this portion of Block 3A. Comment not addressed. The Tree
Canopy calculation on Sheet C-703 states that only 6.93% of overall tree canopy is being provided, but a minimum of 10%
is required. Please install additional landscaping to bring the tree canopy into compliance. Rev. 1: Comment not fully
addressed. The landscape Schedule on Sheet C-701 does not include the canopy area for the proposed shrubs, and the total
canopy for the 74 shrubs proposed. Please add this information to Sheet C-701, and update the overall canopy provided figure
stated in the Landscape Compliance Chart. Rev. 2: Comment addressed.
a. [32.7.9.8 (b)] Please provide a Landscape Schedule on Sheet C-702 that lists the Botanical Name and Common Name
of each species is included, the proposed caliper and height at time of installation, and the canopy coverage area per
plant species as stated on the Albemarle County Plants Canopy Calculations (this table should be specifically for the
10% minimum tree canopy requirement). Comment not fully addressed. The proposed Japanese Katsura trees are
not a species on the Albemarle County Recommended Plants List. Please provide a different tree species from the
approved list. Rev. 1: Comment addressed.
The nronosed lot lines for the Block 3A parcel need to include all landscanina reauired to meet the Zoning Ordinance.
There are some trees being installed behind the ice rink that are outside of the parcel boundaries. Rev. 1: Comment
not addressed. There are still six (6) BC trees shown to the east outside of the proposed side parcel boundary of
Block 3A. Rev. 2: Comment not fully addressed. According to the Landscape Plan, there is still 1QBC and 1 GTIS
tree outside of the proposed north and west side of the property lines. Please revise the proposed property line
accordingly or move these items further inside of the proposed property lines. Rev. 3: Comment addressed.
Please see ARB comments below for additional landscaping requirements. Rev. 1: ARB comments satisfied.
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35. 132.7.9.91 Please add a note to the Landscape plans stating "All landscaping shall be installed by the first planting season
following the issuance of the first certificate of occupancy within the development." Comment addressed.
36. 132.7.9.91 Please add a note to the Landscape plans stating "All landscaping and screening shall be maintained in a healthy
condition by the current owner or a property owners' association, and replaced when necessary. Replacement material shall
comply with the approved landscape plan." Comment addressed.
37. 132.6.2 (h)] Please add the attached Site Review Committee signature panel to the Cover Sheet. Comment addressed.
38. [32.7.8 and 4.171 The final site plan lighting plan must meet the minimum requirements of Section 4.17 of the Zoning
Ordinance. Some footcandle measurements along the Road 1 B exceed the maximum 0.5 footcandles permitted.
a. Please provide further documentation that luminaries proposed in Block 3A are full -cutoff fixtures. Comment not
fully addressed. Provide manufacturers' specifications and cut sheets for the proposed light fixtures with the final site
plan. Note that the tilt of all full cutoff models must be 0. In addition, provide the total lumens (not lum. watts) for
each fixture in the luminaire schedule and ensure that the photometric values are calculated using an LLF equal to
1.0 (not 0.98, which is currently listed in the luminaire schedule). Rev. 1: Comment not fully addressed. The
Luminaire Schedule on Sheet C-703 still does not state the lumens of each proposed lamp. Additionally, the
manufacturers specifications and cut sheets for each model have not been provided. The Lighting Plan does not label
the proposed luminaires according to the label (A, E, and G) column in the Luminaire Schedule, please label each
proposed light accordingly. Rev. 2: Comment not fully addressed. The manufacturer cut sheets provided on Sheet C-
704 do not clearly verify that any of the three fixtures are equipped with full cutoff shields. Please provide
documentation that the proposed luminaries will be full cutoff. Rev. 3: Comment addressed.
Provide the standard lighting note on the lighting plan (C-703): Each outdoor luminaire equipped with a lamp that
emits 3,000 or more initial lumens shall be a full cutoff luminaire and shall be arranged or shielded to reflect light
away from adjoining residential districts and away from adjacent roads. The spillover of lighting from luminaires
onto public roads and property in residential or rural areas zoning districts shall not exceed one half footcandle. Rev.
1: Comment addressed.
Please state the proposed pole heights for all freestanding luminaries within the Block 3A site. Rev.1: Comment
addressed.
39. [32.5.2 (o) and ZMA2015000071 Please expand the Block Area Summary on Sheet C-106 to include all the columns
contained in Table 2 of the Code of Development. The required and proposed acreages of each feature should also be stated
so that staff can verify compliance with the minimum requirements for greenspace/amenities, as well as the development area
requirements. Although no Greenspace/Amenities are required in Block 3, providing updated versions of this table on all site
plans and subdivision plats will allow accurate tracking of land use acreages as each block develops. Comment not fully
addressed. The Block Area Summary does not include an entry for the proposed acreages of land uses for Block 4C, please
revise. Rev. 1: Comment not fully addressed. The acreages of open space proposed in Blocs 4a and 4b have changed since
previous review. Please update the Block Area Summary as necessary to reflect the proposed acreages for those Blocks as
shown on SDP201800050. Additionally, the Block Area Summary does not show the required acreages for each feature as
stated in table 2 of the Code of Development. Please add those columns for each feature (development area, all rg eenspace
categories, etc.). Rev. 2: All information pertaining to Block 4 is now correct in the table on Sheet C-107. However, the
Development Area columns for Block 3A will need to be updated once the Block 3A parcel is subdivided and created. Rev.
3: Comment stands. Once SUB201900117 is recorded, update the development area column for Block 3A on Sheet C-
107.
40. [ZMA201500007] Section 2.13 of the Code of Development states that the historic marker to commemorate the Brookhill
manor house shall be installed with the first phase of development. Please provide Planning & Zoning staff with information
on whether this marker will be installed and shown as a feature on the final site plan for Blocks 4A/4B or Block 3. As a
reminder, the Code of Development requires the marker to be installed either within the public right of way or public open
space, and it shall be designed in accordance with DHR guidelines for design and character of the historic marker. Comment
addressed. The historic marker is under review as part of the Road 1B road plans.
New Planning Comments First Review of Block 3A Final Site Plan:
1. [General Comment] On Sheet C-106, please add the approved initial site plan application number within the Block 413
parcel/area. Rev. 1: Comment addressed.
2. IZMA2015000071 Per Table 2.2.2. on page 10 of the Code of Development, a minimum of one bicycle rack must be
provided per 5,000 sq. ft. of non-residential space. A total of six (6) bicycle racks need to be shown on the site plans.
Staff suggests showing the bicycle racks in front of the ice rink building between the ornamental trees adjacent to the
sidewalk, but they can be installed elsewhere should the applicant wish to do so. Rev. 1: Comment not fully addressed.
Sheet C-301 labels bicycle rack location. Staff requests that a calculation be added to Sheet C-103 statingthe he required
amount of bike racks per the COD, and then the number of bicycle racks proposed. Furthermore, please add an inset
detail with the specifications for the bike rack model/design to the construction details drawings. Rev. 2: Comment
addressed.
3. Please re -title Sheet C-106 to "ZMA201500007 Application Plan." Rev. 2: Comment addressed.
4. Remove the Landscape canopy calculation provided on Sheet C-103. Rev. 2: Comment addressed.
5. The building area square footage calculation on Sheet C-103 states 34,000 sq. ft. However, the building is labeled as
34,675 sq. ft. on Sheet C-301. Please verify the actual square footage and make the necessary revisions so those drawings
match. Rev. 2: Comment addressed.
6. Sheet C-103 states that 93 parking spaces are provided, but only 83 are shown on the site plan. Additionally, Sheet C-
701 states that 94 parking spaces are provided. Please verify the actual amount proposed, and revise each sheet as
necessary. Rev. 2: Comment addressed.
7. [ZMA2018000111 A proffer amendment was approved by the Board of Supervisors on July 17, 2019. The proffers on
Sheets C-104 and C-105 need to be replaced with the amended proffers. These proffers are attached to the comment
letter.
a. Next to "Associated Plans" on Sheet C-103, please revise the application number and approval date for
the proffers. It should state Proffers- ZMA201800011 approved July 17, 2019.
b. The Code of Development line should still be identified as ZMA201500007.
Please contact Cameron Langille at the Department of Community Development at blan ig lle(c-r�,albemarle.org or 296-
5832 ext. 3432 for further information.
Albemarle County Engineering Services (Engineer) — Emily Cox, ecox(c-r�,albemarle.org— Review underway.
Comments or approvals will be sent to the applicant upon receipt.
Albemarle County Service Authority — Richard Nelson, melsongserviceauthority.org — ACSA review underway.
Comments or approvals will be sent to the applicant upon receipt.
Virginia Department of Transportation — Adam Moore, Adam.Moorekydot.vir ig nia.gov — VDOT review
underway. Comments or approvals will be sent to the applicant upon receipt.
ORDINANCE NO. 19-A(9)
ZMA 2018-00011 BROOKHILL PROFFER AMENDMENT
AN ORDINANCE TO AMEND THE PROFFERS APPROVED WITH ZMA 2015-00007
FOR TAX PARCELS O4600-00-00-018A0, 04600-00-00-01800, 04600-00-00-019A1,
04600-00-00-019A2,04600-00-00-019B1,04600-00-00-0191313, AND 04600-00-00-019B4
WHEREAS, the application to amend the proffers that were approved with ZMA 2015-00007 for Tax
Parcels 04600-00-00-018A0, 04600-00-00-01800, 04600-00-00-019A1, 04600-00-00-019A2, 04600-00-00-019B1,
04600-00-00-019B3, and 04600-00-00-019B4 (collectively, the "Property") is identified as ZMA 2018-00011,
Brookhill Proffer Amendment ("ZMA 2018-11 "); and
WHEREAS, ZMA 2018-11 proposes to amend Proffer Numbers 1D, 1H, 6, and 8 of the Proffers that were
approved in conjunction with ZMA 2015-07 due to VDOT's planned construction of the Rio Mills Road connector
road, specifically, to reflect that the developer will be responsible for the construction of the Rio Mills Road
Connection only if VDOT does not do so, to reduce the value of the credit for in -kind contributions that are available
to the developer, and to reduce the acreage of the high school or institutional use site that the developer is required to
dedicate in fee simple to the County fiom 60 acres to 50 acres; and
WHEREAS, on November 14, 2018, the Albemarle County Board of Supervisors waived the Planning
Commission and Board of Supervisors public hearing requirements pursuant to the applicant's request and County
Code § 18-33.15.A(1)(a); and
WHEREAS, staff recommends approval of ZMA 2018-11.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the staff report prepared for ZMA 2018-11 and its attachments, including the proposed amended
proffers, the information presented at the public hearing, the material and relevant factors in Virginia Code § 15.2-
2284, and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board
hereby approves ZMA 2018-11 with the proffers dated April 18, 2019.
ss•
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero as recorded below, at
a meeting held on July 17, 2019.
Clerk, Board of County Sup lsors
Aye Nay
Mr. Dill Y
_
Mr. Gallaway
Y
Ms. Mallek
Y
Ms. McKeel
Y
Ms. Palmer
Y
Mr. Randolph
Y
RESOLUTION OF SUPPORT
FOR RIO MILLS CONNECTOR TO BERKMAR EXTENDED ALIGNMENT
WHEREAS, Albemarle County included a connection from Rio Mills Road to the new
Berkmar Drive Extended in the Places 29 Master Plan as a priority road improvement; and
WHEREAS, Albemarle County approved the accumulation of Telefee funds in the
Secondary Six Year Plan to be designated to the construction of this Connector road; and
WHEREAS, the Commonwealth Transportation Board approved the remainder of funding
necessary to complete the connector road to be awarded to Albemarle County through the Smart
Scale program based on Albemarle County's 2016 Grant application; and
WHEREAS, the Virginia Department of Transportation worked extensively with Albemarle
County staff, Albemarle County Schools Division, and the developer of Brookhill on the proposed
alignment of the connector road; and
WHEREAS, the Virginia Department of Transportation received public comments on the
preliminary design and alignment at advertised Public Hearings on October 9, 10, and 11, 2018;
and
WHEREAS, the public comments received by the Virginia Department of Transportation
supported the proposed alignment of the new connector road.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors
hereby fully endorses and supports the proposed alignment as presented by the Virginia
Department of Transportation for the Rio Mills to Berkmar Drive Connector; and
BE IT FURTHER RESOLVED, that the Board of Supervisors hereby respectfully requests
the Commonwealth Transportation Board to approve the proposed alignment for design and
construction.
I, Claudette K. Borgerson, do hereby certify that the foregoing writing is a true and correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of
six to zero, as recorded below, at a meeting held on July 17, 2019.
Clerk, Board of Counlo6pervisors
Ave Nav
Mr.
Dill
Y _
Mr.
Gallaway
Y
Ms.
Mallek
Y
Ms.
McKee)
Y
Ms.
Palmer
Y
Mr.
Randolph
Y
Original Proffers
Amendment _X
Brookhill
PROFFER STATEMENT
Date: April 18, 2019
ZMA No. 201800011 Brookhill
Tax Map and Parcel Number(s): 04600-00-00-018A0, 04600-00-00-01800, 04600-00-00-019A1, 04600-
00-00-019A2, 04600-00-00-019B1, 04600-00-00-019B3, and 04600-00-00-019B4
Tax Map and Parcel Number(s) High School Site: 04600-00-00-018BO and 04600-00-00-018DO
This proffer statement shall amend and supersede the original proffer statement for Brookhill, ZMA
201500007, approved on November 9, 2016.
Owner(s) of Record: CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH; CHARLES
R. HAUGH, & E. J. OGLESBY, JR., TRUSTEES; CROCKETT CORPORATION, a VIRGINIA
CORPORATION; HORNE LAND CORPORATION, a VIRGINIA CORPORATION; CRAFTON
CORPORATION, a VIRGINIA CORPORATION AND BROOKHILL APARTMENTS, LLC
Approximately 277.5 acres zoned NMD (Neighborhood Model District)
CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH are the owners of Tax Map Parcel
04600-00-00-018A0; CHARLES R. HAUGH & E. J. OGLESBY, JR. TRUSTEES are the owners of
Tax Map Parcel 04600-00-00-01800; BROOKHILL APARTMENTS, LLC is the owner of Tax Map
Parcel 04600-00-00-019111; and CROCKETT CORPORATION is the owner of Tax Map Parcels 04600-
00-00-019A1, 04600-00-00-019A2, 04600-00-00-019B3, and 04600-00-00-019114; all of the owners of
such parcels are referred to herein, collectively as the "Owner" and the parcels are referred to herein as the
"Property". HORNE LAND CORPORATION is the owner of Tax Map Parcel 04600-00-00-018BO and
CRAFTON CORPORATION is the owner of Tax Map Parcel 04600-00-00-018D0. The Property is the
subject of the rezoning application identified by Albemarle County (the "County") as "ZMA 2015-007" for
a project known as `Brookhill"(the "Project"), which includes the application plan prepared by Collins
Engineering entitled, "Brookhill Neighborhood Model District (NMD) Application Plan," last revised
September 16, 2016 (the "Application Plan"), and a Code of Development entitled the `Brookhill
Neighborhood Model Code of Development," approved on November 9, 2016 by the Albemarle County
Board of Supervisors and revised for variations #1 and #2 on September 5, 2018 (the "Code of
Development"). Capitalized terms, not otherwise defined in these Proffers, shall have the same definitions
as set forth in either the Code of Development or the Application Plan.
Pursuant to Section 33 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers
the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district
identified above. These conditions are proffered as a part of the proposed rezoning, and the Owner
acknowledges that the conditions are reasonable.
1. Transportation Improvements.
A. Polo Grounds Road Improvements. Pursuant to road plans approved by the Virginia Department
of Transportation ("VDOT"), the Owner shall construct all intersection and turn lane
improvements, including improvements to the horizontal alignment, vertical alignment and cross-
section of Polo Grounds Road ("Polo Grounds Road Improvements"). The Polo Grounds Road
Improvements shall be completed in two phases. Owner shall begin construction of Phase 1, as
depicted on the Figure A, Brookhill Traffic Phasing Plan ("Traffic Phasing Plan"), prior to the
issuance of a building permit ("Permit") for the first (1") dwelling within the Project, and the Phase
I Polo Grounds Road Improvements shall be substantially completed prior to issuance of either i)
a Permit for the fiftieth (50') dwelling (other than an Assisted Living, nursing home, rest home or
convalescent facility) within the Project, or ii) a certificate of occupancy for any units within a
multi -family dwelling within the Project. Phase IV, as depicted on the Traffic Phasing Plan, shall
be completed prior to issuance of any Permit for a dwelling (other than a multi -family dwelling,
Assisted Living, nursing home, rest home or convalescent facility) within Blocks 14-18 of the
Project. The Polo Grounds Road Improvements shall be designed and constructed to applicable
VDOT standards, including, without limitation, VDOT's Geometric Design. The Polo Grounds
Road Improvements shall be determined to be substantially completed by: i) the Albemarle County
Engineer, or its designee, or ii) when they are constructed, inspected and the VDOT construction
bond is released, or iii) a VDOT official otherwise confirms that they are substantially complete.
Pursuant to approval by VDOT, Polo Grounds Road Improvements shall include salamander
tunnels, shown conceptually in Figure B, ("Salamander Crossing Exhibit"). Maintenance of the
salamander tunnels shall be the responsibility of the Owner, and a maintenance agreement shall be
established and approved by VDOT during the VDOT review of the road plans for the Polo
Grounds Road Improvements.
B. Route 29 Intersection Improvements. Pursuant to road plans approved by VDOT, the Owner shall
construct all intersection and turn lane improvements along Route 29, conceptually depicted on the
Application Plan ("Route 29 Intersection Improvements"). The Route 29 Intersection
Improvements shall be substantially completed prior to issuance of either i) a Permit for the fiftieth
(50') dwelling (other than an Assisted Living, nursing home, rest home or convalescent facility)
within the Project or ii) a certificate of occupancy for any units within a multi -family dwelling
within the Project, whichever occurs first. The Route 29 Intersection Improvements shall be
designed and constructed to applicable VDOT standards, including, without limitation, VDOT's
Geometric Design. The Route 29 Intersection Improvements shall be determined to be
substantially completed by: i) the Albemarle County Engineer, or its designee, or ii) when they are
constructed, inspected and the VDOT construction bond is released, or iii) a VDOT official
otherwise confirms that they are substantially complete.
C. Ashwood Boulevard Connection. Pursuant to road plans approved by VDOT and a temporary
construction easement and maintenance agreement approved by the County, the Owner shall
construct the Ashwood Boulevard Connection, as conceptually depicted with improvements and
landscaping shown on Exhibit C, Ashwood Boulevard Connection ("Ashwood Boulevard
Connection"). The Ashwood Boulevard Connection, which includes a pedestrian connection, shall
be bonded prior to road plan approval and substantially completed prior to: i) the issuance of the
five hundredth (500th) Permit for a dwelling (other than a multi -family dwelling, Assisted Living,
nursing home, rest home or convalescent facility) or ii) the issuance of the eight hundredth (800th)
Permit for any dwelling type within the Project, whichever first occurs. In any event, Owner shall
have completed the Ashwood Boulevard Connection prior to the completion of the western
extension of Ashwood Boulevard to Berkmar Drive Extension.
Until such time as the County determines to submit the Ashwood Boulevard Connection for public
dedication, the Owner shall be responsible for all maintenance, repairs, bonding and insurance of
the Ashwood Boulevard Connection. The Owner shall submit a temporary construction easement
and maintenance agreement that is acceptable to the County prior to approval of road plans for
Phase I roadway improvements. The Owner's improvements shall be dedicated, together with the
County -owned right-of-way at such time as the County determines to submit the Ashwood
Page 2 of 11
Boulevard Connection for public dedication. The Ashwood Boulevard Connection shall be
determined to be substantially completed by: i) the Albemarle County Engineer, or its designee or
ii) when it is constructed, inspected and VDOT has accepted the Ashwood Connection for
dedication, or iii) a VDOT official otherwise confirms that they are substantially complete.
D. Rio Mills Road Connection. Within six (6) months after written request by the County, the Owner
shall dedicate to the County, by General Warranty Deed and without consideration, fee simple title
to a parcel of land for a public road connection, including right-of-way and granting of easements,
from Rio Mills Road to the Berkmar Drive Extension in the approximate location shown on Exhibit
D, Rio Mills Roadway Connection ("Rio Mills Road Connection").
Substantial completion of the Rio Mills Road Connection by VDOT is anticipated prior to
December 31, 2023. If VDOT is unable to complete the Rio Mills Road Connection by
December 31, 2023 and permission is granted to the Owner by VDOT and the County, the Owner
shall be responsible for the construction the Rio Mills Road Connection pursuant to road plans
approved by VDOT, in the approximate location shown on Exhibit D, Rio Mills Roadway
Connection ("Rio Mills Road Connection"). The Rio Mills Road Connection, if constructed by
the Owner, shall be substantially completed prior to December 31, 2027. The Rio Mills Road
Connection shall be determined to be substantially completed by: i) the Albemarle County
Engineer, or its designee or ii) when it is constructed, inspected and VDOT has accepted the Rio
Mills Connection for dedication, or iii) a VDOT official otherwise confirms that they are
substantially complete.
The Credit for In -Kind Contributions, as referenced in Proffer 6, shall be increased to
$31,086,662.86 if the Owner completes the construction of the Rio Mills Road Connection.
E. Transit Stop. The Owner shall construct a Transit Stop within the general location shown as a
proposed Transit Stop on the Application Plan (the "Transit Stop"). The Transit Stop shall be
designed and constructed in coordination with, and approval by the County Director of Community
Development and Regional Transit Authority (if in place) and shall incorporate a shelter, including
a rest bench, pedestrian access, and signage equal to or better than the current transit stops for
Charlottesville Area Transit (CAT). The Transit Stop shall be installed and completed concurrently
with the installation of surrounding roads and sidewalks within Block 1. The Transit Stop and above
referenced features shall be dedicated to public use, or the Owner shall grant an easement as
necessary to allow for the public access and usage of such facilities.
F. Public Transit Operating Expenses. Within sixty (60) days of transit services to the Property
having commenced by CAT, a regional transit authority, or other provider of transit service selected
by the County, the Owner shall contribute Fifty Thousand Dollars ($50,000) to the County to be
used for operating expenses relating to transit service to the Property; and Owner shall contribute
Fifty Thousand Dollars ($50,000) to the County each year thereafter for a period of nine (9)
additional years, such that the cash contributed to the County pursuant to this Proffer 1 G, shall not
exceed Five Hundred Thousand Dollars ($500,000). The monetary contribution in years two (2)
through ten (10) shall be paid by the anniversary date of the first contribution and each such
contribution shall be conditioned upon transit service being provided to the Property during the
twelve (12) month period prior to such contribution.
G. Construction Traffic Management. The Owner shall establish Construction Entrances to the
Property in locations as approved by the County and VDOT as part of the Erosion and Sediment
Control Plan and Site Plan process. During the period in which all roads will be constructed within
the Property (and until completion), construction traffic shall be required to use the Construction
Page 3 of 11
Entrances as designated in the approved Erosion and Sediment Control Plan. The Owner shall
prohibit such construction traffic from entering the Project via Ashwood Boulevard and
Montgomery Ridge Road. Once the roads are completed and dedicated for public use the Owner
shall no longer have the authority or responsibility to regulate traffic thereon.
H. Road Improvements, Generally. The road improvements listed in paragraph 1 C (the "Road
Improvements")_above shall be constructed in accordance with road plans submitted by the Owner
and approved by VDOT, and shall be dedicated to public use. All of the Road Improvements shall
be designed and constructed to applicable VDOT standards, including, without limitation, VDOT's
Geometric Design.
I. Polo Grounds Road Railroad Overpass. Within ninety (90) days after the request by the County
and the approval by VDOT, Owner shall cause to be installed, at Owners expense, a traffic signal
at the Polo Grounds Road and Norfolk Southern Railroad Overpass. If, within ten (10) years after
the date of issuance of the first (1 st) CO for a single-family dwelling within the Project, the County
has not so requested, (or VDOT has not approved the traffic signal within that time period) the
Owner shall be relieved of any obligation to install a traffic signal.
2. Trails, Parks and Civic Spaces. The Owner shall provide the following improvements within the
property:
A. Trail Network. A primitive trail network (the "Trail Network"), consistent with the County's
design standards for a Class B- type 1 primitive nature trail, shall be established within the
Greenway as described within the Code of Development. The general location of the Trail Network
is shown on the Application Plan; however exact trail locations shall be determined by the Owner
based on site conditions and in coordination with the County. Installation of the Trail Network
shall commence concurrently with the site work for the first Block developed within the Project
and the entire trail network shall be substantially completed prior to issuance of the five hundredth
(500th) Permit for a dwelling (other than a Multi -family dwelling, Assisted Living, nursing home,
rest home or convalescent facility) within the Project. The Trail Network shall be determined to
be substantially completed by the Albemarle County Engineer, or its designee.
Upon written request by the County, but not prior to the issuance of the five hundredth (500th)
Permit for a dwelling within the Project, the Owner shall dedicate to the County an easement for
public use over the Greenway area, as shown on the Application Plan. Prior to the County's request
to dedicate such easement, the Owner may dedicate portions of the Greenway by easement
concurrently with one or more subdivision plats for areas lying adjacent to the Greenway; provided
however, that Owner may reserve in such easements, rights of access for grading, utilities and
maintenance. Each subdivision plat shall depict the Greenway area to be dedicated and shall bear
a notation that the Greenway area is dedicated for public use. If, at the time the County requests
dedication of the Greenway, any part of the Greenway that has not been dedicated by subdivision
plat, shall be (within six (6) months of such request) at Owner's cost, surveyed, platted and recorded
with one or more deeds of easement dedication.
Pursuant to signage plan approval by the Rivanna Water and Sewer Authority (the "RWSA"), the
Owner shall install signage along the Trail Network within the Dam Break Inundation Zone
designating evacuation routes. Signage shall be installed as the Trail Network is established.
B. Parks and Civic Spaces. The Owner shall provide not less than 3.2 acres of land within the Project
for Parks and Civic Spaces as described in the Code of Development and generally shown on the
Application Plan. Each Park or Civic Space shall be substantially completed prior to the issuance
Page 4 of 11
of the fortieth (40th) CO for a residential dwelling unit in the Block in which it is located. Parks
and Civic Spaces shall be conveyed to and maintained by the Owner's Association.
3. Cash Proffer for Capital Improvements Proiects.
A. The Owner shall contribute cash on a per "market -rate" dwelling unit basis in excess of the number
of units that are allowed by right under the zoning in existence prior to the approval of this ZMA
2015-007 for the purposes of addressing the fiscal impacts of development on the County's public
facilities and infrastructure, i.e., schools, public safety, libraries, parks and transportation. For the
purposes of this Proffer 3, the number of units allowed by right under the R-1 Residential zoning
is two hundred sixty-nine (269) single-family detached units. A "market rate" unit is any dwelling
unit in the Project that is not either a For -Sale Affordable Housing Unit or For -Rent Affordable
Unit as described in Proffer 4 ("Market Rate Unit"). The cash contributions shall be Seven
Thousand Three Hundred and Thirty-three and 18/100 Dollars ($7,333.18) for each single family
detached Market Rate Unit, other than a constructed For -Sale Affordable Dwelling Unit within the
Project qualifying as such under Proffer 4. In other words, the cash contribution for market rate
single family units shall begin after the issuance of a CO for the 269th single family dwelling unit
and prior to the issuance of a CO for the 270th single family dwelling unit. The cash contributions
for each single family attached Market Rate Unit shall be Five Thousand Four Hundred and Forty-
seven and 57/100 Dollars ($5,447.57), other than a constructed For -Sale Affordable Housing Unit
or a For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 4. The
cash contributions for each multifamily Market Rate Unit shall be Seven Thousand Four Hundred
Nineteen and 91/100 Dollars ($7,419.91), other than a constructed For Sale Affordable Housing
Unit or For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 4.
4. Affordable Housing.
The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number of residential
units constructed on the Property. For example, if one thousand (1000) total units are constructed in the
Project, one hundred fifty (150) units, or their equivalent, are required to be provided to satisfy this Proffer
4, subject to paragraph 4C. The Owner or its successors in interest reserve the right to meet the affordable
housing objective through a variety of housing types, including but not limited to for sale units, rental units,
accessory units and Carriage Units, ("Affordable Units") or through cash contributions, as more particularly
described in sections 4A, 4B and 4C below.
A. For -Sale Affordable Housing Units. All purchasers of the For -Sale Affordable Housing Units,
(defined below) shall be approved by the Albemarle County Housing Office or its designee. "For -
Sale Affordable Housing Units" shall be dwelling units offered for sale at prices for which
households with incomes less than eighty percent (80%) of the area median income may qualify,
and shall not exceed sixty-five percent (65%) of VHDA's Maximum Sales Price for first-time
homebuyers. The Owner shall provide the County or its designee a period of one hundred twenty
(120) days to identify and prequalify an eligible purchaser For -Sale Affordable Housing Units. The
one hundred twenty (120) day period shall commence upon written notice from the Owner that the
unit(s) shall be available for sale. This notice shall not be given more than ninety (90) days prior
to receipt of the Certificate of Occupancy for the applicable For -Sale Affordable Housing Unit; the
County or its designee may then have thirty (30) days within which to provide a qualified purchaser
for such For -Sale Affordable Housing Unit. If the County or its designee does not provide a
qualified purchaser during the one hundred twenty (120) day period, the Owner shall have the right
to sell the unit(s) without any restriction on sales price or income of the purchaser(s). Carriage
Units, as defined in the Code, shall not exceed twenty-five percent (25%) of the total Affordable
Units.
Page 5 of 11
B. For -Rent Affordable Housing Units.
(1) Rental Rates. The initial net rent for each rental housing unit for which Owner seeks
qualification for the purposes of this Proffer 4, ("For -Rent Affordable Housing Unit") shall
not exceed the then -current and applicable maximum net rent rate approved by the
Albemarle County Housing Office. In each subsequent calendar year, the monthly net rent
for each For -Rent Affordable Housing Unit may be increased up to three percent (3%).
For purpose of this Proffer 4B, the term "net rent" means that the rent does not include
tenant -paid utilities. The requirement that the rents for such For -Rent Affordable Housing
Units may not exceed the maximum rents established in this paragraph 4B shall apply for
a period of ten (10) years following the date the certificate of occupancy is issued by the
County for each For -Rent Affordable Housing Unit, or until the units are sold as low or
moderate cost units qualifying as such under either the Virginia Housing Development
Authority, Farmers Home Administration, or Housing and Urban Development, Section 8,
whichever comes first (the "Affordable Term").
(2) Conveyance of Interest. All deeds conveying any interest in the For -Rent Affordable
Housing Units during the Affordable Term shall contain language reciting that such unit is
subject to the terms of paragraph 4B. In addition, all contracts pertaining to a conveyance
of any For -Rent Affordable Housing Unit, or any part thereof, during the Affordable Term
shall contain a complete and full disclosure of the restrictions and controls established by
this paragraph 4B. At least thirty (30) days prior to the conveyance of any interest in any
For -Rent Affordable Housing Unit during the Affordable Term, the then -current Owner
shall notify the County in writing of the conveyance and provide the name, address and
telephone number of the potential grantee, and state that the requirements of this paragraph
4B(2) have been satisfied.
(3) Reporting Rental Rates. During the Affordable Term, within thirty (30) days of each
rental or lease term for each For -Rent Affordable Housing Unit, the then -current Owner
shall provide to the Albemarle County Housing Office a copy of the rental or lease
agreement for each such unit rented that shows the rental rate for such unit and the term of
the rental or lease agreement. In addition, during the Affordable Term, the then -current
Owner shall provide to the County, if requested, any reports, copies of rental or lease
agreements, or other data pertaining to rental rates as the County may reasonably require.
C. Cash in lieu of Constructing Affordable Dwelling Units.
In lieu of constructing For -Sale, or For -Rent Affordable Dwelling Units for fifteen percent (15%) of the
total number of Units, the Owner has the option to make a cash contribution to Albemarle County for the
affordable housing program in the amount of Twenty -Four Thousand and Three Hundred Seventy Five
Dollars ($24,375.00) (the "Affordable Housing Cash Proffer") for each such unit as follows: the Owner
shall exercise the option to make, and thereby shall pay the Affordable Housing Cash Proffer to the County,
if the Affordable Housing requirement has not been proportionally met otherwise, in four (4) installments;
after an inspection and prior to the issuance of approval of a CO for each of the two hundredth (200th), five
hundredth (500th), eight hundredth (800th), and one thousandth (1000th) dwelling unit within the Project.
The total Cash in lieu contribution due to Albemarle County at each of the four (4) payment periods as
noted above shall be calculated based on the total number of Certificates of Occupancy issued for Market
Rate and Affordable Housing Units.
5. Cost Index.
Page 6 of 11
Beginning January 1 of each year following the approval of ZMA 2015-007, the amount of each cash
contribution required by Proffers 3 and 4 (collectively, the "Cash Contributions" and individually "Cash
Contribution") shall be adjusted annually until paid, to reflect any increase or decrease for the proceeding
calendar year in the Marshall and Swift Building Cost Index for masonry walls in the Mid -Atlantic ("MSI").
The annual adjustment shall be made by multiplying the proffered Cash Contributions amount due for the
preceding year by a fraction, the numerator of which shall be the MSI as of December 1 in the preceding
calendar year, the denominator of which shall be the MSI as of December 1 in the year preceding the
calendar year most recently ended (the "Annual Percentage Change"). By way of example, the first annual
adjustment shall be $7,333.18 x 2017 MSP2016 MSI. Each annual adjustment shall be based on the amount
of the proffered Cash Contribution due for the immediately preceding year based on the formula contained
in this Proffer 5 (the amount derived from such formula shall be referred to hereinafter as the "Cash
Contribution Due"), provided, however, in no event shall the Cash Contribution amount paid by the Owner
be less than Seven Thousand Three Hundred Thirty-three and 18/100 Dollars $7,333.18 per single family
detached Market Rate Unit and Five Thousand Four Hundred Forty-seven and 57/100 Dollars $5,447.57
per single family attached Market Rate Unit and Seven Thousand Four Hundred Nineteen and 91/100
Dollars $7,419.91 per multifamily Market Rate Unit under Proffer 3 or Twenty -Four Thousand and Three
Hundred Seventy Five Dollars $24,375.00 per affordable dwelling unit under Proffer 4 (the "Minimum
Cash Contribution"). The Annual Percentage Change shall be calculated each year using the Cash
Contribution Due, even though it may be less than the Minimum Cash Contribution, HOWEVER, the
amount paid by the Owner shall not be less than the Minimum Cash Contribution. For each cash
contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly
adjusted each year.
6. Credit For In -Kind Contributions.
Notwithstanding the provisions of these Proffers to the contrary, the Owner's obligation to pay Cash
Contributions shall not commence until the number of units, to which such Cash Contributions apply have
been completed that results in what would otherwise have been a total Cash Contribution equal to the total
value of. i) the Elementary School Site, and related improvements to be completed by Owner, ii) the High
School Site, iii) the Polo Grounds Road Improvements, iv) Route 29 Intersection Improvements, v)
Ashwood Boulevard Connection, and vi) the Trail Network, (collectively referred to as the "In -kind
Contribution"). The In -Kind Contribution amount shall be $28,336,662.00. The In -kind Contribution
reflects the value of the improvements that the Owner has committed to make in these proffers that are for
the benefit of the public. In other words, the Owner shall not be required to pay any per unit Cash
Contributions until the time of the issuance of the building permit for a new unit completed after applying
a credit for the In -kind Contribution. In the event that the Project is completed prior to the balance of the
In -kind Contribution being exhausted, any remaining balance of the In -kind Contribution may not be
applied for any other project or development.
7. Elementary School Site.
Within one year after written request by the County, but in no event earlier than one year after the date of
issuance of the first (1st) CO issued for a dwelling within the Project, the Owner shall dedicate to the County,
by General Warranty Deed and without consideration, fee simple title to a parcel of land for a public
elementary school of, as shown on Figure E: Brookhill School Sites Exhibit and labeled "Elementary
School Site" (the " Elementary School Site"). The Elementary School site shall not be less than seven (7)
acres, and shall abut a publicly -dedicated right of way. The Elementary School Site shall be a graded and
compacted pad site with water, sewer and electricity utility connections constructed to the edge of the parcel
to accommodate an elementary school according to standards of the County School Division's Building
Page 7 of 11
Services Department. At the option of the County, and in lieu of the construction of a school, a public park
may be established by the County on the Elementary School Site.
8. Public High School or Institutional Use Site.
Within one year after written request by the County, the Owner shall dedicate to the County, by General
Warranty Deed and without consideration, fee simple title to a parcel of land for a public high school, and/or
such other use as the County may determine suitable, of not less than fifty (50) acres abutting a publicly -
dedicated right of way, as shown on Figure E: Brookhill Schools Sites Exhibit and labeled "High School
Site" (the "High School Site"). The High School Site shall be conveyed as -is, without any improvements
or warranty as to suitability.
9. Historic Resources.
A. National Register of Historic Places Eli ibg ility. The existing Brookhill dwelling is eligible for the
National Register of Historic Places. Owner shall address any adverse impact to this designation
as part of the Section 106 Review under the National Historic Preservation Act of 1966 (NHPA),
which is administered by the Virginia Department of Historic Resources (DHR).
B. Cemetery Delineation. Owner shall i) delineate any cemeteries encountered within the Project on
the site plan or subdivision plat for the area to be developed which contains such cemetery or
cemeteries, and ii) submit a treatment plan for any such cemetery for approval by the County
Director of Community Development, or its designee at the plan or plat review.
C. Greenway Area Woodlands Camp. There shall be no land disturbance by Owner or by any of its
licensees, or successors of the Woodlands Camp located in the Greenway Area and identified in
the Phase I Historic Resources Study for the Project.
This Proffer Statement may be executed in any number of counterparts, each of which shall be an original
and all of which together shall constitute but one and the same instrument.
[Signature Pages to Follow]
Page 8 of 11
WITNESS the following signature:
OWNERS of Tax Map Parcel 04600-00-00-018A0:
By:
CHARLES R. HA GH
By: 44"a4,4.,, Td�
IZABETH ANN OGL SBY H GGHH
Date: Ar � Q
OWNERS of Tax Map Parcel 04600-00-00-01800:
B
Y:
CHARLES R. HAUGH, T1fUSTE1;
By:
DOUGLAS B. OG�j BY, TRUSTEE
Date: O
OWNER of Tax Map Parcel 04600-00-00-019114, 04600-00-00-019113,
04600-00-00-019A1, 04600-00-00-019A2:
CROCKETT CORPORATION, a Virginia corporation
Ann O. Haugh, Its President
Date: ;;?S 201 g
Page 9 of 10
OWNER of Tax Map Parcel 04600-00-00-018B0:
HORNE LAND CORPORATION, a Virginia corporation
By: 6 _ _ /One afa - &
Ann O. Haugh, Its President /
Date:
OWNER of Tax Map Parcel 04600-00-00-018D0:
CRAFTON CORPORATION, a Virginia corporation
By: 1. -t C. - L
Ann O. Haugh, Its President
Date:
Page 10 of 11
OWNER of Tax Map Parcel 04600-00-00-019B1:
BROOKIULL APARTMENTS, LLC, a Virginia limited liability company
By: CDG Holdings, LLC, Managing Member
By: Haystack Corporation, Mar ger
By:
Andre CGinty, Its President
Date: F13I Zd i
BROOIRIILL INVESTMENTS, LLC, a Virginia limited liability company (Contract Purchaser)
By: River Bend OE;)
Inc., Manager
By:
Alan R. Tay for, �ts President
Date: vokk
Page 11 of 11
�.:
PHASE I INTERSECTION
IMPROVEMENTS
` r o
4
INTERSECTION i - w
• CONSTRUCT (i) NEW WESTBOUND
LEFT -TURN LANE ON POLO
A
GROUNDS ROAD WITH 375' OF
STORAGE.
��'
-
cJ
• EXTEN D WESTBOUND RIGHT- TURN
!_
LANE ON POLO GROUNDS ROAD
PHASE II INTERSECTION
FROM 5o' OF STORAGE TO 200 OF
IMPROVEMENTS
STORAGE.
• CONVERT RIO MILLS ROAD TO A
RIGHT IN J RIGHT -OUT OPERATION.
INTERSECTION 2
• CONSTRUCT A SOUTHBOUND
ROADWAY, PROVIDING (i)
LEFT -TURN AND (a) RIGHT -TURN
LAN E.
• CONSTRUCT AN EASTBOUND
PHASE III ROADWAY
LEFT -TURN LANE ON POLO
_
IMPROVEMENTS !
GROUNDS ROAD WITH iso FEET OF
- _
STORAGE
=0
INTERSECTION 3
1
CONSTRUCT A RIGHT -IN / RIGHT-OU
ROADWAY ENTRANCE TO ROUTE 29
r
:y
PHASE II ROADWAY IMPROVEMENTS
CONSTRUCT NORTHBOUND RICH'
TURN LANE
ON US 29 WITH 2eo' OF
PHASE I INTERSECTION ,.
STORAGE.
IMPROVEMENTS
PHASE II INTERSECTION
� �
IMPROVEMENTS
�
A PHASE I ROADWAY IMPROVEMENTS f
INTERSECTION 4---
■ CONSTRUCT NORTHBOUND
ROADWAY TO PROVIDE (i) LEFT
TURN LANE & (x) RIGHT -TURN LANE
r
RESTRIPE PAINTED MEDIAN TO
PHASE IV INTERSECTION
PROVIDE WESTBOUND LEFT -TURN
��uCS
�' , t
IMPROVEMENTS i'
k'' 1
LANE ON ASHWOOD BOULEVARD
44
OY
A
ray
�..
!4 ,-
WITH xoo' OF STORAGE.
• RESTRIPE EASTBOUND ASHWOOD
BOULEVARD APPROACH TO PROVIG
(i) RIGHT -TURN LANE
POLO GPOUNAS aoaD
,�
PHASE IV INTERSECTION
00
$ +
IMPROVEMENTS__._._--
.r
INTERSECTION 5
■ CONSTRUCT SOUTHBOUND
'`-
:`-"'i,,
PHASE I INTERSECTION PHASE IV R ADWAY
ROADWAY TO PROVIDE (i) LEFT -
TURN LANE AND (3) RIGHT TURN
MPROVEMENTS IMPROVEMENTS
LANE
- '"
Rn, .
�P
• CONSTRUCT AN EASTBOUND LEFT-
TURN LANE ON POLO GROUNDS
-aq
ROADWAY WITH iso' OF STORAGE.
GUR BROOKHILL TRA F C PHASING PLAN
Il CROSSING
PROPOSED SALAMANDER
CROSSING (3 TOTAL)
p6Zo�R�UN� =
QS
po
SALAMANDER TUNNEL
RosSINt;
NOTE. POLO GROUNDS ROADWAY AND LANE CONFIGURATION AS
SHOWN IN THIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY. THI
FINAL DESIGN AND LANE CONFIGURATIONS OF POLO GROUNDS
ROADWAY IMPROVEMENTS WILL. BE IN ACCORDANCE WITH THE
APPROVED TRAFFIC IMPACT ANALYSIS AND FINAL APPROVED BOAC
CONSTRUCTION PLANS FOR THE ROADWAY IIJPRoVFMFNTS_
2"INVERTED RETAINING
;=WALL "D CULVERT
= HEAD WALL SYSTEM
1
0
FIGURE B: POLO GROUNDS ROAD SALAMANDER GROSSING EXHIBIT
1
eoo*per
-0 0
a00
J,�
t
1 v. r r;. PROPOSED PEDESTRIAN
Lu I ' CR055-WALK
EX E f EXISTING THE ARE
A
.. ' ' ,
ti Q,_- 7f2AlLWAY CO crlo TO
} PRDP05� VDOT R T� 2g \ r Cf pNCRETE wAL
IMPROVEMENTS -SW Pil�]r 1.
�pROP05ED 5TREET'rEES ! j
�A NG CONNECTOR OA PR OSED LANDS FF
\ ! ' CO ISTING OF EVERQRE - 5
r ALO G CONNECTOR A �"
PROPO56a;P IMIT
} PATHWAY CON EO
rill j1
i
FIGURE C; ASHWOOD BOULEVARD CONNECTION EXHIBIT
TMP46-i6
EM ANCMQUMff
/./ TMP46-i4A
TMP45-58 /
ROCKYDALE CHARLOTTESVILLE PROPOSED ROAD CONNECTION
QUARRY BETWEEN RIO MILLS ROAD AND /
BERKMAR DRIVE
TMP46-i8B f
HORNS LAND
CORPORATION
i
TMP46-i8B
TMP4g-6o HORNELAND
TMP46-i8D CORPORATION
CRAFTON a�
Q�PO CORPORATION
G) i
FINAL ALIGNMENT OF BERKMAR
DRI(PER VDO 200%C CONSTRRUCTEDUCTION
ION P7
fI (PER VDOT¢oo46 CONSTRUCTION PLANS) j .
7MP46a8D
li CRAFTON
CORPORATION i
I
FIGURE D: RIO MILLS ROAD ROADWAY CONNECTION
o
a o o
o
0
a
O
a
Q
PROPOSED 6o+
ACRE HIGH SCHOOL
SITE
�b �
L
TMP46-18B
HORNELAND
QO
,�
CORPORATION 1
QO
O�
�No'T
r
iay
TMP46aK
�..
CRAFFON
I
I
CORPORATION
PROPOSED 7 ACRE
ELEMENTARY SCHOOL
SITE
FIGURE E: BROOKHILL SCHOOL SITES EXHIBIT