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HomeMy WebLinkAboutZMA201900003 Proffers 2020-05-27Original Proffers X Amendment PROFFER STATEMENT ZMA Number and Name: 2019-00003 Albemarle Business Campus Tax Map Parcel Numbers: 07600-00-00-05400, 07600-00-00-046A0, and 07600-00- 00-046FO (portion) Owner: 5th Street Forest LLC and Region Ten Community Services Board, Inc. Date of Proffer Signature: 10.17 acres to be rezoned from R-2 Residential to Planned Unit Development 2.88 acres to be rezoned from R-10 Residential to Planned Unit Development 0.58 acres to be rezoned from Commercial Office to Planned Unit Development Total: 13.63 acres to be rezoned to Planned Unit Development 5th Street Forest LLC, a Virginia limited liability company is the owner of (the "Owner") of Tax Map Parcels 07600-00-00-05400 and 07600-00-00-046AO and is the contract purchaser of a 0.58 acre portion 07600-00-00-046FO (collectively, the "Property") which is the subject of rezoning application ZMA No. 2019-00003, a project known as "Albemarle Business Campus" (the "Project"). Region Ten Community Services Board, Inc. is the owner of Tax Map Parcel 07600- 00-00-046F0. 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. TRANSPORTATION IMPROVEMENTS: Prior to the issuance of the certificate of occupancy for the Fifty -Seventh (57th) residential dwelling unit within the Project (the "57th CO"), the Owner shall contribute to transportation improvements at the Old Lynchburg Road (State Route 780) and 5th Street Intersection (State Route 631) (the "Intersection") or within the State Route 631 Corridor (from the City of Charlottesville / Albemarle County line at 5th Street, south to the intersection of Old Lynchburg Road and State Route 1870, Ambrose I Commons Drive) adjacent to the Intersection as provided herein. Prior to the 57' CO, at the election of and upon notice by the County, the Owner shall either: a) install a traffic signal at the Intersection, b) contribute cash to the County in the amount of Four Hundred and Fifty Thousand Dollars ($450,000.00) to be used for transportation improvements either at the Intersection or within the State Route 631 Corridor, or c) contribute Two Hundred Twenty -Five Thousand Dollars ($225,000.00) cash to the County, and dedicate for public use a portion of the Property, as shown on the "Single -Lane Roundabout Exhibit" prepared by Shimp Engineering, dated March 18, 2019 with a revision date of September 13, 2019 (the "Roundabout Exhibit"), attached hereto. Any transportation improvements at the Intersection or within the State Route 631 Corridor are not limited to a single transportation mode, but rather may be multi -modal in scope, and include pedestrian, bicycle, and transit stop improvements. 2. TRIP GENERATION: Daily and peak hour vehicular trips shall be noted on all site plans and zoning clearances on the Property. Site plans and zoning clearances on the Property must contain a note that itemizes each proposed use, and if applicable, each previously approved use that is expected to continue, with its affiliated daily and peak vehicular trips. Neither a site plan nor a zoning clearance shall be issued if the combined uses on the Property are estimated to generate a number of daily vehicular trips exceeding 3,200 or a number of peak hour trips exceeding 509. Trip generation numbers shall be derived from the then current edition of the Institute of Transportation Engineers Trip Generation Manual. (Signature Page Immediately Follows) 2 WITNESS the following signatures: OWNER: Owner of Tax Map Parcels 07600-00-00-05400 and 07600-00-00-046A0: 5TH STREET FOREST LLC, a Virginia limited liability company M. Kyle Redinger, Manager Owner of Tax Map Parcel 07600-00-00-046FO (portion): REGION TEN COMMUNITY SERVICES BOARD, INC. a Virginia corporation Printed Name: Title: 41300639_2 3