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Home My WebLink AboutLOD202000016 Letter of Determination 2020-09-11COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 25, 2013 Steven F. Teets, L.S. 7200 Wisconsin Ave #400 Bethesda, Md 20814 RE: ZMA201300009/Albemarle PlacelStonefield Proffer Amendment TAX MAP 61W/SECTION 3/PARCELS 19A, 196, 23, 24 and 25 Dear Mr. Teets On November 13, 2013, the Board of Supervisors approved the above noted NMD rezoning application subject to the application plan dated October 21, 2013, code of development dated October 21, 2013 and attached proffers dated November 13, 2013. Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • compliance with requirements of the CODE OF DEVELOPMENT; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE, Before proceeding :with further use of this property or should you have questions regarding the above - noted action, please contact Rebecca Ragsdale at 296-5832. Srely, inc7 Y V. Wayne CHI erg Director of PI ring CC: Albemarle Place El P O Box 528 Columbia Sc 29202 Albemarle Place/Stonefield PROFFER FORM AMENDMENT TO PROFFERS Date: November 13, 2013 ZMA # 2013-00009 Albemarle Place/Stonefield Tax Map and Parcel Numbers: 061WO-03-00-019AO (as it has been subdivided), 061WO-03- 00-019BO (as it has been subdivided), 061WO-03-00-02300, 061WO-03-00-02400, and 61WO- 03-00-02500 65.034 Acres zoned Neighborhood Modcl District (NMD) to be rezoned to Neighborhood Model District (NMD) This instrument amends those certain Proffers dated March, 13, 2012, for ZMA # 2011-00007 Albemarle Place/Stonefield ("ZMA 2011 Proffers"). Except as expressly amended herein, the ZMA 2011 Proffers shall remain unchanged and to the extent that any terms, conditions and obligations contained in the ZMA 2011 Proffers have not been fully met, such terms, conditions and obligations shall remain in full force and effect. Albemarle Realty (E&A), LLC, a South Carolina limited liability company, is the owner of a parcel of land that were subdivided from tax map parcel 061 WO-03-00-019BO, which parcel is shown as "Lot D2", containing 5.487 acres, each on a plat entitled "Plat Showing Subdivision of Stonefield, Jack Jouett Magisterial District, Albemarle County, Virginia" dated July 15, 2011, last revised November 10, 2011, prepared by W.W. Associates, which plat is of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4135, page 215 (the "Lot D Parcel Subdivision Plat"). The Haven at Stonefield, LLC, a South Carolina limited liability company, is the owner of a parcel of land that was subdivided from tax map parcel 061 WO-03-00-019BO, which parcel is shown as "Lot E2" containing 7.638 acres, on the Lot D Parcel Subdivision Plat. MacFarlane Stonefield, LLC a Virginia limited liability company, is now the owner of a parcel that also was subdivided from tax map. parcel 061WO-03-00-019BO, which parcel is shown -as "Lot D3", containing 1.010 acres, on the Lot D Parcel Subdivision Plat. Albemarle Place EAAP, LLC, a Delaware limited liability company, is the fee simple owner of tax map parcels 061WO-03-00-02300, 061WO-03-00-02400, 061WO-03-00-02500, and the residual portions of tax map parcels 061WO-03-00-019BO and 061WO-03-00-019AO that were not conveyed to either Albemarle Realty (E&A), LLC, MacFarlane Stonefield, LLC, or The Haven at Stonefield, LLC. For the purposes of these proffers, Albemarle. Place EAAP, LLC, MacFarlane Stonefield, LLC, The Haven at Stonefield, LLC, and Albemarle Realty (E&A), LLC are collectively referred to herein as (the "Owner"). The term "Owner" as referenced herein shall include within its meaning the owner of record and successors in interest. 00=02500,-Hffd-06-1-W0=03=00=01:9B0-(i ludi tine-latraMed r r m pmstrarr o-Ch-�t—ot-D Original Proffer: Amendment: X Parcel Subdivision Plat) (collectively, the "Property"), are the subject of zoning map amendment application number ZMA 2011-00007 originally submitted as "Albemarle Place Proffer Amendment," which application name has been renamed to "Stonefield:" Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed in this proffer statement, which shall be applied to the Property if the rezoning is approved by Albemarle County. These conditions are proffered as part of the rezoning and it is acknowledged that the conditions are reasonable. The. Albemarle Place/Stonefield project was originally approved by the County Board of Supervisors on October 22, 2003 as ZMA 2001-007, along with proffers from the prior owner dated October 22, 2003, and a Code of Development prepared by The Cox Company, dated October 15, 2003 (the "Code of Development"). The Code of Development is hereby amended to substitute the Appendix A, attached hereto in place of the Appendix A from the 2003 document. The Code of Development includes an application plan (the "Application Plan"). The term "Application Plan" henceforth shall refer to the Exhibit A attached hereto which is captioned; "Albemarle Place Town Center, Also known as Stonefield, Albemarle County, Virginia, Amended Application Plan — Full Build, Exhibit A, dated 10-21-2013." The improvements proposed for the Property are collectively referred to as the "Project Except.as expressly amended herein, the ZMA 2011 Proffers shall remain unchanged and to the extent that any terms, conditions and obligations contained in the ZMA 2011 Proffers have not been fully met, such terms, conditions and obligations shall remain in full force and effect. (Signature Pages Immediately Follow) 4 Original Proffer: Amendment: X WITNESS the following signatures: ALBEMARLE PLACE EAAP, LLC, a Delaware limited liability company Original Proffer: Amendment: X THE HAVEN AT STONEFIELD, LLC a South Carolina limited liability company By: r / 4 Printed NName: D Ve4 am. ^ �� F Title: MACFARLANE STONEFIELD, LLC a Virginia limited liability company a Printed Name: Title: Original Proffer: Amendment: X THE HAVEN AT STONGFIELD, LLC a South Carolina limited liability company MACFARLANE STONEFIELD, LLC a Virginia limited liability company PrintedNatne:0I/LAN j{) �. kkae Original Proffer: Amendment: X Exhibit A Application Plan \ TMP 81K—B—B-4 / �NLM P 61WaLjj�-3_2fA N/F BTINSLEN B. AND D.B. 2813 � 4 \V. 411. Y . HITE197 2 D.B. 880, PG _ MIL Bo.us �'°TN DRIVE \ D.B. 411, PG. 19] V PO 898 / 01 PLAT 20NED I OIA� I • CpMMERz� — I PC 2"1 cc �r • 1 ♦t�f,Sol11��,1�, 11 i1 ' � - •1 , I � � � �� V ' I SEMI]1 1619 �� ` II I.� 11111111_.. •� I �� ,, 4 , ' %III N NO ��t_.�■R�'+�'��Illlllllllllllllll��ll�ll�ia��ll�ll�lllll� — _ - r 1 ::-.I�,■ '�.. ., .��.MIMII I 1 � 1 1 �; ,,. �T i i I I 111111111111 �; llllii�/IRE ACCESS MEN NO IRS Ali LBJLJLM F. pig I ,I ..r■......r��rr�� dell z —rJ 1 i p- �,-- ' 1 �� ICI � •� � ■ / �.' EI ��=h.u.-l_-�� w E�-:— I I I,I I C �� ■ �� ■ ■ BuII BUIIgNO �I I ' EI__I I I ' II, � [i■ii■i■ ■ iini� ■ ■iill� — IMF " 1 �• � � ■n■� ■ EI.n■ � I �I IA ■ El LII■ j ■i7 1 1-_I 1_ — ! I�� ■ '-.'E ■ E' I_ ■ s ■II� -- i■ ■ inn. ■ ■�i-F5 OUTPARCEL.= 1■1■ ■ il/l■ ■ 1 1..1� I! ■ I. —I 1 E,.., -:� ice= _ _I LAND USE; INDUSTRAL RETAILOR 1FUELNINE 1 0 1_ilmL FUTILIFTE ACCESS FACILITY. USE: INDUSTRIAL R ■ -■ m • I r J■�. `�o3.—lil,illl� - aw qq 1 SUBJECT SITE PLAN APPROVAL • � ! �jpi' � - = it 1 ■ , 0Hu Ow 0 BOX CULVERT 1 ■ s .II 1 r -• z w �[�� — WGAS G GAS GAS1n1 GA S z�G^-S SAS x MI( _vy _ — — _ i — — — — b W 2 b U.S. 29 - SEMIN i L ( VADTH VARIES) b b LOW"I. DESIGNED BY: PROJECT: SET REV. NO. ALBERMARLET PLACE TOWN CENTER RU 1 ALSO KNOW AS: STONEFIELD DRAWN BY: ALBERMARLE COUNTY, VA REG DRAWING NUMBER: TITLE: DIHR BY: AMENDED APPLICATION PLAN - FULL BUILD C— 1 HFW EXHIBIT A SHEET NUMBER: WWA NUMBER: FILE NAME: DISCIPLINE: SCALE: DATE' 213042.1 1 304211 C—ZMA XHBT2. d w IVIL H: 1"=100' 10-21-2013 1 of 1 NO. SHEET REVISION SY DATE NO. SHEET REVISION BY DATE V: N/A Original Proffer: Amendment: X Appendix A f rp,w r..� � yr, I' .7 �1 � , f +].r 1 �, fa� 14�. 4. �� p +i � .Y r '.- .. i P n.. + � a ,'. � ��f� ;� Ir �vee s �Fl da iFi � � I. .. iJ i11� w��'°'s�fi` Ye}�, .�+ sn �cl (��,�-.r ,� i � ' - r ,. i �� ''�'',��+ MY ) ia � Itt �, ,��,�P IS'i 'J.� ,�i rnnr. nr nrVFi.nPMF.NT APPrNn1X A — Permitted/Prohibited Uses by Bloclt* 71 October 15, 2003 (revised • 1 °• 2010) Rev: 10-2 *P-Permitted uses by block; SP-Uses that may be applied for via Special Use Permit; Blank —Uses prohibited wit hhI bl The square footages for all uses shaded in this table shall count towards the retail portion of the non-residential square maximum established in the Code ofDevelopment in fable 1: "Uses Table" BlookGroup 1 1 2 3 Block A B C I D E F G Detached aim to Tamil R Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadmplexes, townhouses, atrium houses and patio houses and accessory a arlments. P P P P P B Multiple —family dwellln P P P I P P l al of permitted residential uses Renta P P P P P U Homes for developrrjejitall disabled persons reference 5.1,07 Bomrl(n houses P P P P P P P P P P S Tourist lad s reference 5.1.17 P P P P P E Home occu alien Class A reference 5.2 P P P P P S Home occupation, Class B Opference 5.2 SP SP SP SP SP Accessory uses and buildings, Including storage.buildiu2 P P P P P P P Assisted living P P P P P P P Rest horns nursing homes, or convalescent homes P P j P P P P P Administrative business and mfessiotnalofPrcea P P P P P P P Antique, IS 'ewelr notion and craft shops P P P P P P P Auction houses P P P P P P N Automobile laundries P P P P P P D Automobile truck re alrsho excludin hod sho P N Automobile service stations (reference 5.1.20) Berber, beautyshops P P P P P P P R BodyShopSP SP SP SP SP SP B Buildingmaterials sales P P P P P P S Tier I personal wireless service facilities(reference. 5,1.40 P P P P P P P PTier II personal wireless service facilities reference 51 A01 _ P P P P P P P Tier III personal wireless service facilities Creferance 5.1.40 SP SP SP SP I SP SP SP B .N Cemeteries Churches P P P P P P P T Clothing,apparel and shoe shops P P P P P P P 1 Clnbs lodes civic,fraternal patriotic reference 5:1'.2 P P P P P F P A Commwclalkernels—indooronl (reference5.1.11 P I P P P P P L i7 Commerclal recreation establishments including but not limited to amusement centers, bowling allays, pool halls an dance halls P I P P P P P P S Commnni center P P P P P P P B Contractors' office and equipment store a and P P P P P P P S Convenience stores P P P P P P P Day care child care ornursery facility reference 5.1.06 P P P I P P P P De aritnentstore P P P P I P P P Drive-in theaters Dt9v -i indowa serving or associated with erruitted uses SP SP SP SP SP SP SP Dru store, pharmacy P P P P P P P Galin establishment (not Including fast food restaurant P P P P P P P Exhibit 1-13 CODD OF DEVELOPMENT APPENDIX A— Perntitted/ProbibitedUses by Bill clt* i Oetober 15,2003 (I"Mised ,Su1v8:2010 Rev:10-21-13 *P-Permitted uses by block; SP-Uses that may be applied for via Special Use Permit; Blank— Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non-residential square footage Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformra-s, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and P P P P P P P operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. stores V, Food and grocery stores Including soolt specialty shops as oaKary, I P I P I P I P P P I P Home and business service such as grounds care, cleanlug, I P I P I P I P I P I P I P oil duty at all hours I p I P I P I P I P I P I P Q and "P•Permilted uses by block; SP-Uses that hnay be applied for via Special Use Permit; Blank— Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non-residential square footage maximum established in the Code ofDevelopment in Table I; "Uses Table" Blook Orou 1 1 2 1 3 Block A B C D E F G Office and business machines sales and service P P P P P P P OMgoods sales P P P P P P P OutdoorAmphitheatre with no fixed seats and limited operetion each as no loudspeakers offer IO nr weekends only,etc.) P Outdoor eatingestablishment or caf8 P P P P P P P Outdoor storage, display and/or sales serving or associated with a by -right permitted use, if any portion of the use would be visible from a travolway SP SP SP SP SP SP SP Parks, playgrounds and civic spaces P P P P FP P Photo hic goods sates P P P P P P P Private schools P P P P P I P P Professional offices, including medical dental and optical P P P P P P P Public and private utilities and infrashuctum P P P P P P P Public uses and buildings, including temporary or nmbile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state, or federal agencies, public water slid saver transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority P P P P P P P . Research and development activities including ea erimental testing P P P P P I P I P Retail nurseries and reenhouses P P P P P P P Sales 85 Service of goods associated with principal use P P P P P P P Sales ofnra'or recreational equipment and vehicles P P School of special instruction P P P P P P P Seasonal and periodic events such as holiday festivals, community fairs, artisan and public open markets, and other pedestrian related events to be conducted oil adjacent private streets P P P P P P P Tem orar Events SP SP SP SP SP SP SP Se tic tank sales and related services S orthr Dods sales P P P P P P P Standalone arkit and parking structures reference4.12 5.1A1 P P P P P P P Stormwater management facilities shown on an approved final site lanorsubdivision at P P P P P P P Swim, golf, tennis or athletic facility Tailor seamstress P P P P P p P P P P P P P P Temporary construction uses reference 5.1.18 P P P P P P P Tampomry nonresidential mobile homes (reference 5.8) P P P P p P P Veterinary Office and Hos ital P P P P P P I P Visual and audio apollances sales P Pt P P P P I P Warehouse facilities not permitted under section 24.2.1 (reference Way —side stands —vegetables and agricultural produce (reference 5.1,19 P p P P P P P Wholesale Distribution''''" 1665955_,%DDc * The Service Station use o6 Land Bay F shown on the Application Plan at F5 will be limited to a Fuel Facility which will operate as an accessory use to a larger retail user within Land Bav F. The Fuel Facility area will be limited to the dispensing of retail windshield wiper fluid). All other elements of the Service Station use, as defined by the Zoning Ordinance, will not be allowed on F5. Albemarle Place/Stonefield PROFY R FORM' Date: March 13, 2012 ZMA # 2011-00007 Albemarle Place/Stonefield Tax Map and Parcel Numbers: 061 WO-03-00-019A4, 061W. O-03-00-019BO (as it has been subdivided) 061WO-03-0042300, 061WO-03-00-02400, and 61W4-03-00-02500 65.034 Acres zoned Neighborhood Model District (NMD) to be rezoned to Neighborhood Model Aistrict (NMD) Albemarle Realty (E&A), LLC, a.South Carolina limited liability company is the owner of two parcels of land. that were subdivided from tax ,niap parcel 061 WO-03-00.019BO, which parcels are shown as, "Lot D2", containing 5.487 acres, and "Lot D3", containing 1,010 acres, each on.:a pt.at entitled ".Plat Showing Subdivision of Stonefield„Jack. Jouett Magisterial District, Albemarle County; Virginia" dated July 15,2011, last revised November 10, 2011, prepared by'W.W.. Associates, which plat is of record in the Clerk's Office of the Circuit Court of Albemarle, -County, Virginia in Deed Book 4135, page 215 (the 'Subdivision,,Plat"). The 14avei at Stonefield, LLC,a South Carolina limited liability company, is the owner.of aparcel 'of land that was subdivided from tax map parcel 061WO-03-00-019BO, which parcel is ;shown as "Lot E2 containing 7.638 •acres; on the Subdivision Plat. For the purposes of these proffers, Albemarle Place EAAP, LLC; and Albemarle Realtiy (E&A), LLC are collectively ireferred.,to herein as (the' "Owner"), Albemarle Place EA-4, LLC,..a Delaware limited liability company, is, the fee simple owner (die "Owner") of taxmap parcels 061 WO-03-0.0-019A0, 0G1 W0-0340-02300, 061W0-03-00-02400;. 061 W 0-03-00.02500, and the residual portions of tax map parcel 061 W 0-03-OD-019BO that were: not conveyed to dither Albemarle Realty (E&A), LLC or The haven at Stonefield, LLC. Forthe purposes of these proffers, Albetn,A atle Place;EAAP, LLC, and lbemarle Realty, (E&A)., LLC art, collectively referred to herein as (the l`Okmer"). Tax map parcels 06 W0-03-00-01,9A0, 061 WO-03-00-02300; 061WO-03-00-024;00 061 W0-03- 00-02500, and 061W0-03-00-019BO:(including the=lots created.4here from pursuantrto the Subdivision Plat) (collectively, the "Property"), are the subject of zoning map amendment application tlmnber ZMA 2011-00007 otionally-subn itted as "Albemarle Place Proffer . Amendment;" which application name has been renamed to "Stonefield Pursuant to Section 33.3 of the Albemarle County Zoning, Ordinance; the _Owner Hereby voluntarily proffers the conditions listed inthis proffer statement, which shall be applied to: the Property if the rezoning is approved by Albemarle Comity. These cpnditions are proffered as part of the rezoning.and it is acknowledged that the conditions are. reasonable, The Albemarle Place/Stonefeld.project-was originally approved by the County Board of Supervisors n October 22, 2003 as ZMA 2001-007, along with protlers"from the prim owner dated October 22, 200.3, and 61 Cade of Development prepared by The Cox Company dated Original Proffer: Amendment: X October, 15, 2003 (with Exhibit A to the Code of -Development last revised July S. 2010) (the `'Code of Development'). The Codr. of Development included an application plan (Ilie "Application Plan"). The iirrprovenreuts proposed for the Property are collectively referred to as the "Project." The tern "Owner" as referenccd.herein shall include within its meaning the owner of record and successors in interest. The term "Application Plan" refers to Exhibit A, '1'lie term "Code of Development" refers to Exhibit B. The profi'ers dated October 22, 2003 that were approved with ZMA 2001-007 were amended by proffers dated July 23, 2010 that were approved with ZMA 2008-0003 by the County Board of Supervisors on August 4, 2010, and by proffers dated August 5, 2011 that were approved with ZMA 2011-0004 by the County Board of Supervisors on September 7, 20f "l. These proffers amend and supersede the proffers accepted in conjunction with the approval of ZMA 2001.1)07, ZMA 2008-000a; and ZMA 201.1-0004. The headings of the proffers set forth below have been prepared Tor convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any "provisions of the proffers. 1: Phasing of Improvemer i The Owner shall. phase development of the Project as followst' A. Phase 1; Phase 1 of the Project shall be composed of Blooks Ay B, Q and D as shown on. the Application Plan, and as shown in more detail on Exhibit A-1 attached hereto ("Phase' and shall include street and utility improvements to serve the planned building,' improvements contained.within Phase 1 As partof Phase 1:, the Owner shall design and. construct District Avenue (formerly known as Albemarle Place Bo€ilevard and as Fpurtl Sh'eeVicedar Hill goadf ("District Avenue'} fromIlydraulic Road to the point where District Avenue.comiects with the new 04ped western entrance tothe Sperry Marine facility in the location shown.on the Application Plan, and as shown in more detail on E-xhibit.A-1. This first phase of District Avenue. shall include all supporting utility infrastructure on suoh street; and shall be completed prior to issuance of a final certificate of occupancy for any'buildurgs within .Blocks A, B; C and D. Construction of the first phase of District: Avenue shall be deemed, complete when it is constructed, in conformance with the }flans approved by Albernarle-County or by the G'irgiiiia Department of Transportation ("VDOT"); as applicable, and in,any event the County lingineer leas approyed itfor"vehicrrlar travel. No mare than threehnndred seventy thousand (170,000) square feet of,commerci_al space and one hundred seveitty (170) dwelling units may be constructed within the Project:untilthe: remainder" of District Avenue is constructed to "the view planned intersection with U.S. Route! 29 as shown on the Application Plan, Notwithstanding anythingto the contrary contained!'in this Paragraph lA,. the Owner "shall be peem4ted to utilizo port` ous of the Phase ? land (as shown on Exhibit A-1) For the installation of infrastructure to serve the Phase 1 building. improvements to be constructed in Blocks A, B, C and D. T3. "Phase 2- 'Phase 2 of the Project shall be composed of Blocks E,1a .and G as shown on the Application Plan and as shown in more detail on Exhibit A- (`Phase2' ), and shall include street aad utility iinpr'ovemeiSts to'serve the planned building improveie.nts contained within "nhase'2 As part of Phase 2, the Owner shall. design and construct District Avenue fro-i-6 the Original Proffer: Amendment: X point where it connects with the new planned western entrance to the Sperry Nl arine facility north and east through Blocks E, F and G to the new planned intersection with U.S. Route 29 as shown on the Application Plan and as shown in more detail on Exhibit A-1. This second phaseof District Avenue shall include all supporting utility infrastructure on such street and shall be completed prior to issuance of a final certificate of occupancy`for any buildings within Blocks E, F and 0. Construction of the second phase of Dis&ict Avenue shall be " deemed complete when it is constructed in conformance with the plans approved by Albemarle County or by the VDOT, as applicable, and in any event the County Engineer has approved it for vehicular travel. Notwithstanding anything to the contrary contained in this Paragraph 1B, the Owner shall be permitted to utilize portions of the Phase 2 land (as shown on Exhibit A-1) for the installation of infrastructure to serve the Phase 1. building improvements to be constructed in Blocks A, B, C and D. Notwithstanding anything to the contrary contained in this paragraph 1 B or in paragraph IA above, final certificates of occupancy may be issued foi buildings within Blocks A, B, C, D or E beyond, the threshold levels contained in paragraph, I A, ,provided that the Owner (i) has constructed at leasta temporary road (at standards acceptable to the Director of Community Development) cormecting the frrstphase of District Avenue to the new planned intersection with U.S. Route 29, or (i) can demonstrate during the site -plan review process, through traffic analysis acceptable to the Director of Community Development and VDOT, that additional traffic from such buildings, when aggregated. with the traffic generated, by the uses for which dertificates of occupancy have been issued for -buildings in Phase 1„willatot cause the Hydraulic Road/U.S. Route 29'intersection to fall below an acceptable -level of service, All final site plans for the Project that include any portion of District Avenue shall include anote reserving the portion of the Property comprising District Avenue for future dedication as a public road; and within sixty (60) days after written request for such dedication, the Owner shall dedicate the portion ofthe property comprisi g District Avenue for a public road. Ifthe public right-of-way is not dedicated by subdivision plat, the Owner shall be. responsible for the cost of a survey and preparing the deed to convey the public right-of-way to the County. C. Landscape improvernatits and associated streetscape improvements to serve the planned building iinprbvenieatts contained within each block shall bi reviewed at the tune of final site plan review for each block. The Project shall have a consistently designed and planted streetscape along Route 29 and Hydraulic Road: 2. Community Mvelopment Authority .Participation: Upon request by the County, the Owner shall petition for and consent to all tax Wrap parcels:used for non-residential puxposes-- Participating in a Community Development Authority ("GDA") established pursuant to Section 15.2-5152, et seq. of the Code of Virginia ("Code") to be created `for the purpose of. implementing. Route 29 regiotral transportation improvements, including but not limited to transportation improvements within the "Super Block" (the geographical area bounded' by Route 2.9, Hydraulic Road, Commonwealth Drive, andGreenbrier grid .interseclinnal improvements, associated therewith. 3, Cash .Proffer for Route 29 (Regional Transportation: The Owner will make a, cash contribution to the County fbr the MPO/29H250 Phase 2 Route 29 regional transportation studyin the amount of One Hundred Thousand Dollars {$100,000.00). The cash cbntri'butioi Original Proffer: Atnendmeirt; x shall be madeby the Owner within thirty (30) days upon reeluest: by the County. This proffer has been satisfied. 4. Cash ('coffer for City of Charlottesville Traffic Calming Improvements: The Owner shall contribute Ten Thousand Dollars ($10,000.00) to the City :of Charlottesville for the. construction ,by the City of traffic calming improvements ou Swanson Road, Cedar Hill Load and other City streets intersecting Hydraulic Road in the vicinity of Stonefield,. The cash contribution shall be made by the Owner 4vithin thirty(10) dayscupon request by the City. If the traffic calming improvements are not implemented by October 15, 2007, all unexpended' funds shall be refunded to the Owner: The City constructed the traffic calming improvements, and requested the prior owner of the Property to pay the contribution oil November 4, 2005 but there are no immediately available records that sucli contribution was ever received by the City. Upon evidence of prior payment of such funds that is satisfactory to the County, the requirements of this Paragraph 4 shall be deemed satisfied. In the event the .Owner has not produced such evidence to the County by March 31, 2010, the' owner shall contribute the funds io the City within thirty (30) days of .a written request from the City, provided that such request is nnade no sooner than .April' 1, 2011. At the time such funds are delivered to the City, the Owner shall provide notice of Suer payment to the County. 5. Cash Proffer for Charlottesville.Area Transit ("CAT"'), Commercial Corridor "Jitney Service": upon the request of the Count}; the Owner shall contribute Twenty Thousand. Dollars ($20,000.00) per annUM or an amount equal to twenty petcent (20%) of the annual operating and maintenance costs; whichever is less, for a period not to exrreed live years for operating and/or niaintaininb a dedicated "jitney bus" service -to retail commercial developments, including iStonefield.; along; the Route 29 Coriidorv.if the CAT `;jitney service".is nqt placed unto. operation by the date of issuance.of the first.occupaucy permit for a commercial building in Stonefield, then the Owner shall contribute Seven Thousand Dollars ($7,000.00) per annum, for a period not to exceed five years, to CAT for costs associated with operating existing. CAT bus route(s)that provide service'to Storieiiel& 6. Cash Proffer for Capital )%m&ovements: The owner shall contribute One Million Five klundretl Thousand Dollars .($1506,006,0.0) (hereinafter referred to as the "Total Contribution".) to ;the County fog:: the purpose of finding capital improvements related to Stonefield; The contribution shall be paid as follows (a) Three Hundred and Seventy Five Thousand Dollars:•($375,000.00) shall be contributed'to the County within thirty (30) days after the first final site plan or subdivision plat containing residential dwelling; units is - approved for Stonefield; '(l) an additional Three Hundred and Seventy Five Thousand Dollars ($375,000,00) of the total contribution shall be contributed to the County prior to the issuance of a certificate of occupancy for the first residential dwelling unit in. Stonefield, and (c) the xennaining, Seven llundyed Fifty Thousand Dollars ,�$75Q,000.00) :.of the Total Contribution shall be paid on a pro rata basis of Three Thousand Dollars ($3,0.00.00) pet- residential dwellintg.uiait at :the time certificates of occupancy are :issued forthe first two hundred fifty (250) .dwelling units. No additional contribution shall be required for the nieid two hundred fifty (250)dwelling `units: 4 Original. Proffer: Amendment: X If, five (5) years from the date of •approval .cif the first final site plan or. subdivision plat for residential dwelling units, the Total Contribution has not been fully paid, the balance of the Total Contribution shall be contributed to the County within thirty (30) clays upon request by the County.. If thus fund has not been exhausted by the County for the stated purpose vdithin five (5) years from the date the last contribution is made, all unexpended funds shall be refunded.to the Owner.. In addition to the foregoing, after building permits have been issued for• the firstfive hundred (500) dwelling units within Stonefield, the Owner shall pay to the County Three Thousand Dollars ($3,000.00) prior to the issuance of a building penn'it for each new residemial dwelling unit thereafter. 7. Construction of Frontage .improvements on Route 29 and Hydraulic Road: At its expense, the Owner shall plan, design, bond and Gonstructtravel lane improvements to be dedicated for public use on its Hydraulic Road and Route 29 frontage. The design shall.be submitted with the first site plan for the initial phase .of Stonefield. The subject frontage improvement's are depicted by Exhibit F, "Short Term Route 29 Transportation. Improvements." The County may require these improvements to be completed as a prerequisite to the issuance of any certificates of occupancy. The construction of the subject improvements shall be deemed complete when. they are constructed in conformance with the plans approved byVDOT and opened to public: use as approved by VDOT: 8. Construction of Off -Site Improvements: Upon request -by .the County or as provided herein, the Owner shall plant, design, boiidarid construct oHF site transportation improvements in the County and the City:; as depicted on Exhibit F, "Short Tenn Route 29 Transportation Improvements". If the improvements are required to be constructed, the C".ounty may require these improvements to be completed ,as a prerequisite to thane issuance of tiny certificates of occupancy,,. Construction shall be deemed cort pl.ete when the improvements are constructed in conformance with the plans approved by VDOT and opened to public use as approved .by NrDOT. A. Off -site. Improvements in the County at the 'Northwest Quadrant of the Hydraulic Road/Route: 29 Intersection. The engineering, plats and construction documents for off -site improvements in the County shall'be submitted with the first final site plan for :Phase t of Stonefield: B. Off -site Improvements in the City, at the Northeast -Quadrant of the Hydraulic Road/Route 291ntersection (numbered items 4 and :11 on Exhibit B). The Ownershall. subnvt the engineering, plats and construction documents (the "Plans") for the improvements in the City of Charlottesville to the City of Charlottesville by January 11, 2012. The Owner shall diligently pursue approval ol'the Plans in the City: of the City does not: approve, the flans by -July 11, 2012, the O«cner shall not be required by this proffer to construct any improvements for which approvals have not been obtained. The Owner.shatl not be requited by this proffer to acquire or otherwise pay for right.,of way in the City for these improvements. Original Proffer: Amendment: X if the improvements are :required to be constructed, the Owner shall complete construction of the improvements for which right of way is available within twelve (l 2) months after the issuance Of the first certificate of occupancy within Stonefeld. Construction shall be deemed complete when the improvements are constructed in conformance with the plans approved by VDQT and opened to public use as approved by VDOT. This Paragraph 8(ff) is subject to the terms of Paragraph 14, "Substituted Transportation Improvements." 9., Reservation and. Dedication of land for 'Regional Route 29 arid. Hydraulic Road Intersection Improvements: The Owner shall reserve for the future dedication to die Commonwealth of Virginia ;certain land on the Property in: the County for certain short -tens transportation improvements for the Route 29 and Hydraulic Road intersection (the "Short Terns Route 29/Hydraulic Road Improvements') as follows: (a) the land shown as "Parcel A 6,511 S.F," on the plat of Kirk Hughes and Associates dated March 3, 2009, last revised March 25, 2010, which plat is, attached hereto as Exhibit H; and (b) any portions or the parcels shown as "Parcel One Future Right of Way 1,117 S,F.," "Parcel Two Future Right of Way 9,079 S.F." "Parcel Four Future Right .of Way 1,660 S-F.," and "Parcel Five Future Right of Way 790 S.F.," on the Official Map adopted by the County:on'Deceinber 21 2009, a copy of which Official Map is attached hereto as Exhibit L that a e.iequired by VDOT for the Short -Term Route 29/14ydraulic Road Improvements (collectively; the "Short-7Tertn Itnprovements Dedication Area"), provided, however, that the subdivisiom plats depicting the Short -Term Improvements Dedication Area aresubject to final approval by the County Department of Community Development and that the precise boundaries and size of the Short-Terni Improvements Dedication Area may be adjusted accordingly. The Owner shall dedicate -the Short=fem Improvements Dedication Area to the Commonwealth of Virginia in fee simple by October 1, W10, or within thirty (30) days after the County approves the subdivision plat necessary to dedicate the Short -Terra hnprovernents Dedication Area, w1ii6liever'is first to occur. In addition td the dedication of the Short -Term Improvements Dedication Area, the Owner shall dedicate and convey all necessary:drainage and construction. easements for the Short -Term Route 29/1-lydraulic Road Itnprovements. If the Short-` tgm Irnproyernents Dedication Area is not dedicated :and conveyed aspart of a subdivision plat, the Owner shall. pay all costs of surveying and preparing legal documents in a: form acceptable to the:'Office of the Attorney General necessary to dedicate and convey the Short -Term Improvements Dedication .Area.:land: Aftef dedication and until the subject regional transportationi nprovetnerits are funded for construction, the Owner shall, at the request of the County, and with the consent of the, Commonwealth of Virginia; maintain. the Short Terpi hnprovelnents Dedication Area land until :requested by the County to no longer do so provided the r0wrneris granted the right to the exclusive use of the land for landscaped open space, a pocket .park, temporary parking, fencing, signage, utilities or other purpose as may be -approved with the l:inal site plan,for the first phase of Stonefie d. Upon being requested by 'the County to no longer maintain. the 6 Original Proffer: Amendment; X land, the Owner shall cease all use of the land and. remove all improvements established by the Owner that the County requests be removed. In the event that the adopted design for "future public intersection improvements does not rejtiire the utilization of all of the Short -Terns Improvements Dedication Area land, upon the Owner's request, the residual porjion of the dedicated land shall be transferred .to the Owner at no expense to the Owner. The deed(s) of dedication for the Short -Term Improvements Dedication Area may provide for such (conditions: 10. Reservation and Dedication of Additional Land for Route 29 and Hydraulic Road Intersection Improvements: The Owner shall reserve for future dedication to the County, subject to the conditions herein below, certain additional land on the Property for the right of way for future Hydraulic Road and Route 29 related regional transportation improvements (the "Long -Term Route 29/11ydraulic Road Improvements") as follows;. (a) the area shown as "Parcel A1.1,432 S.F." on Exhibit H; and (b) any portions of the parcels shown on Exhibit I that were not previously dedicated to the Commonwealth -of Virginia for. the Short -Tern Route 29/1-iydraulic Road Improvements pursuant to die Paragraph 9 herein (collectively,: the "Long -Term Improveinents Dedication Area") provided,, however, that the subdivision plats depicting the Long-Tetii improvements Dedieadon Area afe subject to filial approval by the County Department of Community Development, and that the meci a boundaries and size of the Long -Term Improvements Dedication Area,maybe adjusted _accordingly.. The Owner shall dedicate the Long -Term Irmprovementss Dedication Area to the County within ninety (90) day5 after the County's request for such dedication, and such dedication shall include the dedication and conveyance of all necessary drainage and construction. easements for the Long -Term Route 29/Hydraulic Road Improvements: If the Long -Term Improvements Dedication Area is not dedicated and conveyed as part of .a subdivision plat, the Owner shall pay all costs of surveying. and, preparing legal docmnents in a form acceptable to the County A.ttorney's Office necessary to dedicate and conveytle Lang -'.fern,: Fmprovements Dedication Area: Until the Long -Term Improvements .Dedication .Area land is dedicated, the Owner shall waintain the land and shall retain the right to the exclusive use of the land for landscaped open space, a pocket park, temporary parking, fencing, utilities or other purposes Ila may approved with the first final site -plan. for Phase i of Stoneficld. The conditions on the subject reservation and dedication shall be as follows: (a) In'the event that the adopted design for future public intersection improvements does not require the utilization of all. of the Long-Ternn Improvenients'Dedication Area land, upon request of the Owner the residual. portion shall be released by the Coiuity from.t'he reservation or, if the land has been dedicated; upon.request of the Owner title shall be transferred back to,cand for the use, f, the Owner at no expense to Owner.., The deeds) of dedication for the Tong -Term Improvements Dedication Area. may provide for such conditions. 7 Original .Proffer: Amendment: X (b) The design and construction of the ,Long -Tern Route 29/Hyidraulic Road Irnprovetnents shall substantially maintain the access, function, mid continuity of service of the planned intersection of Swanson Road (Extended) and existing Hydraulic Road into Stoncfield at the location of the existing Swanson Road and Hydraulie Road intersection,, otherwise this prof'Lr becomes null and void. 11. Signalization of Tlydraulie Road and Route 29 Intersections: The Owner shall be, responsible for traffic si'gnalization improvements as follows: A. The Owner at its expense shall engineer; bond, and construct traffic signalization unprovernents at the intersection of District Avenue and Hydraulic Road.' The traffic sic al,ization improvements at this intersection shall be constructed when the County or VDOT request installation olf such, but in any event prior to the issuance of a certificate of occupancy .for any building in Blocks A, B, C or D, provided that such signal. is warranted by the trnlffic volumes or is otherwise approved by VDOT. B. Owner at its expense shall engineer, bond and construct traffic unprovernents at the intersection of District Avenue and U.S. Route'29. The traffic signalization improvements at this intersection shall be constructed,whea the County`or VDOT request installation of such, but.in any event prior to the instance of a certificate of occupancy for any building in Blocks E, F or Cr, provided; thatsuch signal is warranted by the traffic valunies or is otherwise approved by VDO`f, provided thaf such signal is'warranted by the traffic volumes or is otherwise approved by VDOT. 12. Commonrealth Drive Connection, Upon demand of the County, butt earlier than the issuance of a buildingliermii for any building wifliin Block F,,. the Owner sliall reserve right- of-way glong the northern edge of the parking lot in Block F of the Property for a future street connection to Commonwealth Drive through the "Comdial Property" (TM 6.1 W-3-1$.): Tire future connection will be a two lace: facility, Upon the request iif the Cotiitty, the Oviner shall engineer; Bond and construct both the on- site -mid the off -site portions of the connection to Cornniouwealth Drive rin the "Coindial Property" provided that easements and acquisition of right-of-way as maybe necessary for. such construction; or the connectiontl>rough off -site l)operties rorthis iinprovemeiit have been granted at no cost to the Owner, and the request for .such corinectiog through the off -site property is made by the County prior to October 15, 2020. Clpon the request of be, County, the connection shall be completed by the Owner within twelve (12)'roonths from the date of satisfaction of the conditions as set forth above. A Other "Super Block" Strecf Connections: The Owner shall reserve land Enid grant copst -uction aril pennarient access easements or right ofway at no expense to the County for the prnposes of future eonstrtwtion :(by others) of inter -parcel street connections within. the "Super.Bloek" atthe following locations; Houston Street (formerly known as First Street) (to west to Commonwealth Drive); Blaokbird Lane (formerly as Third Street) (to west to Comronwealth' Drive), District Avenue (fotinerly known as Cedar Hill Road Extended) (in Block F north to "Conidial Property"), Distii.ct Avenue (formerly l no%,ri as Fourth Street) Oricrinal Proffer:. Amendment: X (between Blocks F and O north to "Conrdial Property"), Swanson. Road Extended (to north. to, "Sperry Property") and at two additional locations into Sperry Property. The locations for easement or right of way reservation and dedication are as generally depicted on Exhibit A and labeled thercon as "Future Extension." However, the locations and nutubes of such inter -parcel street connections may be modified by the Owner upon a variation granted by the County Planning Director. These easement or right of way locations shall be identified, platted and dedicated at the request of the County in conjunctionwith subsequent site plan applications for Stonefield. 14. Substitute rd Tfunspoi•tation Impro) ements. A. In lieu of constructing the improvements referenced in Paragraph 8(B) Herein, which Paragraph 8(B) refers to certain off -site improvements in the City of Charlottesville at the northwest quadrant of the Hydraulic Road/Route 29 inteseetion,.and also other improvements along the City side of Route 29 between Hydraulic Road and. Greenbrier` Drive, which improvements are collectively hereinafter referred to as the "Paragraph$(B) Improvements", the Owner may elect, in its sole discretion, and on the terms and conditions contained in this Paragraph 14, to contribute' cash to the City for certain transportation improvements in the City known as the "Rte, 29/250 By Interchange Improvement Project"identified as VDOT and City, project number 002:9-104-248 (the "Substituted Improvements Projece ): B. In the event the Owner ejects to contribute emb toward he Substituted Improvements Project (the "Owner's Contribufion") in.lieu of constructfngthe Paragraph 8($) Improvements, the following terns shall apply: 1. The Owner.shall notify the County's Director of Community Development (the "Director") in writing of its erection within sixty (60) days after the approval of the first final. site plan for Phase I of Stonefieid (the "Notice"). The Owner shall also "send a copy of the Notice to the City Development Services Manager at the same time it is sera to ifie Director. 2. The.submission of the Notice:to the. Director shall suspend thedeadline.for the Owner to submit the Plans (as "Plans" is defined in Paragraph.8(B)) to the :City, if atiplicable., 3. The aniountofthe -Owner's Contribution to the Substituted hmprovements Project shall be suUjcct to a written agreement between the Owner and the City,(the "City Agreement"). Within ten (10) days after full execution of the City Agreement, the Owner shall provide a copy of the City Agreement to [lie Director. 4. 'Within six (6) mon zs.after the Notice is sent ,to floe Director, or Within sixty (60) days: after execution of the City Agreement, whichever is later to occur, the Owner shall contribute a portion: of the Owner's Contribution to the City.in the aniount of One Million Dollars ($1,000,000), less any amounts credited by the City and VDOT to tine Owner for planning and design work oil the Paragraph 8(B)'Improventents (the "Net Contribution"): The Net Contribution may be In the form of cash.or a letter of credit issued by a bank approved by the Original Proffer; ;Amendment: X City, or a combination thereof. The City Agreement shall set forth the terms of and schedule for• draw down of the Net Contribution. 5. In the event; that the Substituted linprovements Project is terminated, or has not otherwise been completed (as described herein) within thirty-six (36) months after the City receives the Net Contributiou (which thirty-six (36) month period may be extended by mutual agreement; of the Charlottesville City Manager and the Albemarle County Executive), and upon the City's refundii7i; of the Net Contribution to the Ownerpursuant to the City Agreement, the Owner shall Forward funds equal to Five Hundred Thousand Dollars ($500,000) to the County for funding transportation improvements in fhe vicinity of the U.S. Route 29/14ydraulic Road intersection identified in the County's Capital Improvements Program: hi'die event such hinds have not been expended by the County for the stated purpose within ten (10) years from the elate the funds were contributed to the County, all unexpended funds shall be refunded to the Owner. Construction of the Substituted Improvements Project shall tie deemed complete when the improvements are accepted by the appropriate public entity or are bonded for the entity's acceptance. G. Notwithstanding the provisions of Paragraph 140(5)'herein, upon the City's recen t of the Net Contribution, the Owner shall be relieved- of any 10brigation to construct the Paragraph 8(B) Improvements:, (Signature Pages Immediately Follow? 10 WITNESS the following signatures: j5$97u1n s.uoc Orij, nal Proffer: Amendment; X ALBEMARLE, PLACE EAAP, LLC, a Delaware limited liability company Jodi W. McLema, President ALBEMARLE REALTY (MA), LLC, a South Carolina limited liability company By: Hem Realty, Tnc., a South Carolina eotporation, its Sole member Ti, N%Lean, PYcsid.erit- 11 Original. Proffer: Amendment: X THE HAVEN AT STONEFIELD,'LLC a South Carolina limited liability company fir; Sok.��s,��,�✓ 1�uit%art�''sF� s,;F; .rtc�ga.XG' ByyA Printed Name:: /� frv- r-/C e-/74/"" —! 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