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ACTIONS
Board of Supervisors Meeting of March 10, 2010
March 11, 2010
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meet was called to order at 9:05 a.m., by the
Chair, Ms. Mallek. All Board members were
present. Also present were Bob Tucker, Tom
Foley, Bryan Elliott, Larry Davis and Meagan
Hoy.
2. FY 2010/11 Budget Work Session.
• HELD.
NonAgenda. At 12:37 p.m., the Board went into
Closed Meeting under Subsection (1) to consider
an administrative appointment.
At 1:10 p.m., the Board reconvened into open
meeting and certified the closed meeting.
3. Adjourn.
• The meeting was adjourned at 1:10 p.m.
1. Call to Order.
• Meeting was called to order at 6:00 p.m. by the
Chair, Ms. Mallek. Also present were Bob
Tucker, Larry Davis, and Ella Jordan.
4. From the Board: Matters not Listed on the
Agenda.
Ken Boyd:
• He and Ms. Mallek attended the dredging
consultant’s meeting; it was an informative
report. The consultants did a good job of
presenting the options.
Ann Mallek:
• The final management meeting on the Artisan
Trail grant process was held. Final documents
are being prepared to be sent to the
Department of Housing and Community
Development.
• Provided update on the local food hub. They
are working with various local community
groups, boys and girls club, middle schools,
etc.
• Ridership for CTS current fiscal year has
increased 21 percent from last year.
5. From the Public: Matters not Listed for Public
hearing on the Agenda.
• Veronica Wilson, a County resident and
representing IMPACT, asked the Board to level
fund pre-K education.
• Jeanette McCarthy, a County resident and
member of IMPACT, asked the Board to level
fund pre-K education. She also invited Board
members to attend IMAPCT’s Annual
Nehemiah Action meeting on Monday, March
22, 2010, University Hall, at 7:00 p.m.
• John Martin, a County resident, asked the
Board to fund the Sheriff’s Hunting
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Enforcement Program.
6.2. Authorize County Executive to co-sign an
application for a special use permit to locate an off-
premises sign for the Church of Incarnation on
County property.
• AUTHORIZED, by a vote of 6:0, the County
Executive to co-sign the application for a
special use permit for an off-premises sign on
the County property located at the corner of
Hillsdale Drive and Incarnation Drive.
Amelia McCulley/George Shadman: Proceed
as approved.
7. Public Hearing: To solicit public input on the
proposed Community Development Block Grant
(CDBG) application to be submitted to the Virginia
Department of Housing and Community
Development for Phase 1 Sewer Project in the Oak
Hill neighborhood.
• ADOPTED, by a vote of 6:0, the attached
resolution approving the County’s submission
of the application for the Oak Hill Phase I
Sewer Project, and AUTHORIZED the County
Executive to execute the application as well as
all required certifications and assurances.
Ron White: Proceed as approved.
(Attachment 1)
8. PROJECT: SP-2009-00024. Rockfish Wildlife
Sanctuary. .
• APPROVED SP-2000-00024, by a vote of 6:0,
subject to the ten conditions recommended.
Clerk: Set out conditions of approval.
(Attachment 2)
9. PROJECT: ZMA-2005-00003. UVA Research
Park (Sign #18).
• APPROVED ZMA-2005-0003, by a vote of 6:0,
inclusive of proffers dated February 22, 2010.
Clerk: Set out proffers.
(Attachment 3)
9a. PROJECT: SP-2008-00015. Parking structures.
• APPROVED SP-2008-00015, by a vote of 6:0.
9b. PROJECT: SP-2008-00062. Laboratories.
APPROVED SP-2008-00062, by a vote of 6:0,
subject to the two recommended conditions.
Clerk: Set out conditions of approval.
(Attachment 2)
9c. PROJECT: SP-2008-00063. Supporting
commercial uses.
• APPROVED SP-2008-00063, by a vote of 6:0,
subject to the one recommended condition.
Clerk: Set out condition of approval.
(Attachment 2)
9d. PROJECT: SP-2008-00064. Hotels, motels, inns.
• APPROVED SP-2008-00064, by a vote of 6:0,
subject to the two recommended conditions.
Clerk: Set out conditions of approval.
(Attachment 2)
10. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
At 7:30 p.m., the Board went into Closed meeting
under Subsection (1) to consider an administrative
appointment.
At 7:38 p.m., the Board reconvened into open
meeting and certified the closed meeting.
11. Adjourn to March 15, 2010, 9:00 a.m., Room 241.
• At 7:38 p.m., the meeting was adjourned to
Monday, March 20, 2010, 9:00 a.m., Room
241.
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Attachment 1 – Resolution – Community Development Block Grant Application
Attachment 2 – Planning Items - Conditions of Approval
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Attachment 3 – Proffers - ZMA-2005-00003. UVA Research Park
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ATTACHMENT 1
RESOLUTION
WHEREAS, the County of Albemarle is committed to ensuring that safe, decent,
affordable, and accessible housing is available for all residents and improving the livability of all
neighborhoods; and
WHEREAS, on-site septic systems are failing in the Oak Hill neighborhood, resulting in on-site
contamination and the impairment of Biscuit Run; and
WHEREAS, the County of Albemarle is committed to addressing conditions causing
contamination endangering the public’s health and safety or impairing streams and waterways in the
County; and
WHEREAS, after holding public hearings on January 13, 2010 and March 10, 2010, the County
wishes to apply for up to $712,500 in Virginia Community Development Block Grant (“VCDBG”) funds for
the Oak Hill Phase 1 Sewer Project (“Project”) to support the installation of approximately 5,000 feet of
eight-inch sewer line and service laterals in the Oak Hill neighborhood; and
WHEREAS, the Albemarle County Service Authority will provide additional funding of over
$500,000 and waive connection fees for the Project and will undertake the Project responsibilities,
including procurement, providing project management, and providing timely reporting to the County under
a Memorandum of Agreement; and
WHEREAS, fifty-two percent (52%) of the households in Oak Hill are low- and moderate-income;
and
WHEREAS, the projected benefits of the Project include:
• Sewer service availability to 59 housing units including approximately 114
persons;
• Eliminating on-site sewage contamination in the Oak Hill neighborhood; and
• Reducing the impairment of Moore’s Creek caused by contamination from failing
on-site septic systems in the Oak Hill neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves the County’s submission of the VCDBG application for the Oak Hill Phase 1 Sewer Project and
authorizes the County Executive to execute the application and required certificates and assurances and
to take any further action required for this application.
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ATTACHMENT 2
Conditions of Approval on Planning Items
SP-2009-00024. Rockfish Wildlife Sanctuary.
1. Development of the use shall be in substantial accord with the concept plan entitled “Rockfish
Sanctuary, Inc. Concept Plan,” prepared by Jill Trischman-Marks, Landscape Architect, and
dated August 18, 2009, (hereinafter, the “Concept Plan”) as determined by the Director of
Planning and the zoning Administrator. To be in accord with the Concept Plan, the development
shall reflect the following major elements within the development essential to the design of the
development:
– Cages, chambers, and the aviary located within the three-acre site
– Structures limited to the renovated barn and the aviary
– Limit of three parking spaces
As shown on the Concept Plan. Minor modifications to the Plan that do not conflict with the
elements above may be made to ensure compliance with the Zoning Ordinance;
2. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all
abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3
foot candles shall be submitted to the Zoning Administrator or their designee for approval;
3. The hours of operation shall not begin earlier than 7:00 a.m. and shall end not later than 7:00
p.m. each day, seven (7) days per week;
4. All animals being treated must be kept within the barn or the three- (3) acre area around the barn
that is leased to the Rockfish Wildlife Sanctuary, as shown in Attachment C;
5. There shall be no more than two (2) employees on the site at any time;
6. There shall be no visitors to the Wildlife Sanctuary;
7. Renovation of the barn shall commence on or before twenty-four (24) months from the date of
approval by the Board of Supervisors or this special use permit shall expire;
8. Compliance with the Virginia State Department of Health regarding water supply shall be verified
by the Health Department prior to issuance of a zoni8ng compliance clearance and the
commencement of the special use;
9. Compliance with the Virginia State Department of Health regarding septic systems shall be
verified by the Health Department prior to issuance of a zoning compliance clearance and the
commencement of the special use; and
10. In order to maintain the driveway within the right-of-way on Route 637, the applicant shall obtain a
Land Use Permit from the Virginia Department of Transportation.
__________
SP-2008-00062. Laboratories:
1. Laboratories shall be subject to Section 4.14 Performance Standards of the ordinance and a
Certified Engineers Report is required pursuant to Section 4.14.8 of the Zoning Ordinance; and
2. Laboratory buildings shall not be less than 30 (thirty) feet from the perimeter buffer areas to
adjoining properties not located within the development, unless modified by the Director of
Planning.
__________
SP-2008-00063. Supporting commercial uses:
1. In addition to proffered limitation not to exceed five (5%) percent of total floor area, commercial
uses shall not exceed ten (10%) percent of total floor area at any time during phased
development.
__________
SP-2008-00064. Hotels, motels, Supporting commercial uses:
1. Not more than one (1) hotel, motel, or inn shall be permitted. Such hotel, motel, or inn shall not
exceed two hundred fifty (250) lodging rooms; and
2. Conference facilities (other than those as may be provided by individual occupants) shall not be
required to locate internal to nor on the same site as the hotel/motel/inn, but total gross floor area
of lodging and conference facilities shall not exceed one hundred ninety thousand (190,000)
square feet.
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ATTACHMENT 3
PROFFER STATEMENT
UNIVERSITY OF VIRGINIA RESEARCH PARK
Date: February 22, 2010
ZMA-2005-003 UVA Research Park
Tax Map Parcels 32-18, 32-6A, 32-18A, 32-18B, 32-19C, 32-19D, 32-19E, 32-19F, 32-19F1, 32-19G, 32-
19H, 32-19H1, 32-19H2, 32-19J, and 32-19J1
30.56 Acres to be rezoned from Rural Area (RA) to Planned Development-Industrial Park (“PDIP”) with
proffers
534± Acres to be rezoned from PDIP to PDIP with amended proffers
All of the parcels identified herein are part of ZMA 2005-003 and subject to these proffers. In the
aggregate, these parcels compose the “Property,” which is described with more particularity on the
exhibits filed with the Application Plan dated July 6, 2009, prepared by Cline Design and attached hereto
as Exhibit A (the “Application Plan”).
Tax Map and Parcel Numbers 32-18 and 32-18A are owned by The University of Virginia Foundation and
comprise approximately 30.56 acres identified as Tract 1 on Exhibit J of the Application Plan. Tract 1 is
rezoned from RA to PD-IP under ZMA 2005-003.
The following parcels comprise the lands that were rezoned under ZMA 95-04 to PD-IP, as amended by
ZMA 1998-27:
Parcels owned by the University of Virginia Foundation: 32-6A, 32-18B, 32-19D, 32-19E, 32-19F,
32-19F1, 32-19G, 32-19H, 32-19H1, 32-19H2, 32-19J, and 32-19J1.
Parcel owned by other entity:
TMP 32-19C, owned by 1641 Edlich Realty Co LLC
A portion of parcels 32-18 and 32-6A were also affected by ZMA 2005-002, which involved the
development for a County fire and rescue squad station. This station is located on what is now identified
as TMP 32-18B.
These proffers incorporate and modify as appropriate the proffers accepted in conjunction with ZMA
1995-04 and ZMA 2005-002 and supersede those proffers as they apply to the Property (no proffers were
associated with ZMA 1998-27). The development of the Property authorized by ZMA 2005-003 is
referred to as the “Project.” For the purposes of these proffers, the University of Virginia Foundation is
referred to as the “Owner” and the “Applicant.”
The term “Road A” as referred to in these proffers also means “Lewis and Clark Drive” as referred to in
some of the exhibits.
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to
rezone the property subject to ZMA 2005-003 to PDIP as requested, the Owner shall develop the
Property in accord with the following proffers pursuant to Section 15.2-2303 of the Code of Virginia, 1950,
as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions
are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that the
conditions are reasonable. If rezoning application ZMA 2005-003 is denied, these proffers shall
immediately be null and void and of no further force and effect.
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I. REZONING APPLICATION PLANS AND ILLUSTRATIONS
Plans and Illustrations. ZMA 2005-003 increases the permissible square footage on the Property
to 3,700,000 square feet gross floor area. The Application Plan is a graphic depiction of the
proposed development.
II. OWNERS ASSOCIATION AND DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
Proffer II from ZMA 95-04 has been satisfied. The Declaration of Covenants, Conditions,
Restrictions and Easements is recorded in the Clerk’s Office of the Circuit Court of Albemarle
County, Virginia in Deed Book 1819, page 434. A Supplemental Declaration of Covenants,
Conditions, Restrictions and Easements is of record in the aforesaid Clerk’s Office in Deed Book
2085, at page 696. Upon approval of ZMA 2005-003, the Applicant will record in the aforesaid
Clerk’s Office an instrument to extend the Declaration to those portions of the Property that are
not already subject to the Declaration.
III. GROSS FLOOR AREA TO BE DEVELOPED
3.1 Total Buildout. Total maximum square footage to be developed within the Project shall not
exceed 3,700,000 square feet gross floor area, excluding recycling centers, picnic shelters,
fire and emergency response station(s), office trailers for temporary use during construction
of permanent structures, small (not to exceed 1,500 square feet gross floor area per building)
storage buildings, and structures included as amenities within Common Areas (collectively,
the “Excluded Areas”). The total gross floor area within the Project which may be constructed
in any one year shall not exceed 200,000 square feet beginning in 1996, in addition to any
accumulated undeveloped square feet of gross floor area.
IV. STORMWATER MANAGEMENT AND WATER CONSERVATION
4.1 Flood Plain. The area of the 100-year flood plain within the Project shall remain undisturbed
except for road crossings, public utility facilities and their crossings, and pedestrian and riding
trails, Tracts 1 and 2 as shown on Exhibit J, and only to the extent such exceptions are
permitted by County ordinances and regulations.
4.2 Stormwater Management Plan. The Owner has provided an overall Stormwater Management
Plan for the Project, incorporating the applicable drainage sheds on the Property. Applicant’s
implementation of the Stormwater Management Plan includes those modifications that
comply with design and engineering standards necessary for approval by the County during
the site development plan review process for Project development.
4.3 Wetlands. Wetlands, as defined in the wetlands study submitted by the Applicant and on file
with the Albemarle County Department of Community Development but not including those
wetlands in Tracts 1 and 2 as shown on Exhibit J, shall not be disturbed in the Project except
for the installation and use of roads, permanent retention ponds, utilities and walking trails, or
any other uses approved by the County after obtaining all necessary federal, state and local
permits and approvals.
4.4 Water Conservation. No single industrial or commercial user which proposes a use that will
require more that 125,000 gallons per day (average daily consumption) of potable water shall
be constructed without obtaining County approval. The County shall consider whether to
approve such a user through the same procedures as required in an application for a special
use permit (including the same notice requirements, public hearings, and Planning
Commission review as in the process for considering a special use permit). The County’s
approval shall be limited solely to issues of water usage and must include a finding that
sufficient capacity exists to support such a user. The County’s approval may include
reasonable conditions relating to water usage.
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V. TRANSPORTATION
Applicant will construct new roads in accordance with the Application Plan as provided herein.
5.1 Internal Road Network. Applicant has and shall provide vehicular access within the Project by
an internal road network generally in the locations shown on Exhibit L: Internal Road Network
Plan (the “Internal Road Network”). Applicant shall design, construct, and install signs and
signalization for the Internal Road Network in accordance with minimum standards of the
Virginia Department of Transportation (“VDOT”), unless VDOT approves a lesser standard at
Applicant’s request. The exact location of roadways depicted on Exhibit L shall be subject
to adjustment during the subdivision plat/site plan approval process.
5.2 Road Construction Standards.
A. All internal roads which serve an area submitted to the County for site plan approval,
(and other Internal Road Network improvements which VDOT and the County
reasonably determine are necessary for safe and convenient access to such area)
shall be constructed or bonded for construction and dedicated for public use, for
acceptance into the state highway system at the time of recordation of the final
subdivision plat for each applicable area or at the time of issuance of a certificate of
occupancy for development under a site development plan.
B. The Owner shall construct the Internal Road Network in phases as described in
Section 5.4 herein and shown on the Application Plan. Before issuance of
certificates of occupancy, however, the Owner shall complete that segment of road
which serves the building for which a certificate of occupancy is sought with at least
the base and one (1) layer of plant mix asphalt.
5.3 Phases of Development. The following schedule shall apply for determining the timing of road
improvements set forth in Section 5.4 below:
PHASE I
Land Use (note1) Maximum
Cumulative
Build-out (note 2)
Maximum Build-out to be 635,000
accessed by Road A (all uses):
Support Commercial to 85,000 (note 2)
Maximum Build-out to be 345,000
accessed by Rt. 606 (all uses):
General Office limited to: 120,000
Support Commercial limited to: 25,000
Maximum Total Build-out, Phase I (all uses) 980,000 (note 3)
Not more than 180,000 square feet gross floor area shall be constructed within Tract 1
and Tract 2 as shown on Exhibit J during Phase I.
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PHASE II
Land Use (note 1) Maximum
Cumulative
Build-out (note 2)
Support Commercial: 110,000
Hotel/Conference Center: 190,000
All Other Uses: 1,268,000
Maximum Total Build-out, Phase II (all uses) 1,568,000 (note 3)
PHASE III
Land Uses (note 1) Maximum
Cumulative
Build-out (note 2)
Support Commercial: 110,000
Hotel/Conference Center: 190,000
All Other Uses: 3,400,000
Maximum Total build-out, Phase III (all uses) 3,700,000 (note 3)
(1) Note: The use categories in the charts above shall have the following definitions for the
purposes of this Article V: “All Other Uses” shall mean those uses other than Hotel/Conference
Center and Support Commercial permitted within the Project as delineated the Land Use Matrix
on Exhibit K to the Application Plan. “Hotel” shall have the definition set forth in the Albemarle
County Zoning Ordinance (the “Ordinance”). “Support Commercial” shall mean those uses
listed on the “Non-Residential Land Use Guidelines” Table, Village and Neighborhood Service
Areas, Typical Primary Uses Section, in Section 9.0 of the Ordinance as well as the following
uses: copy centers, florists, newsstands, pipe and tobacco shops, barber and beauty shops
and tailor shops. See the Land Use Matrix on Exhibit K of the Application Plan.
(2) Note: Total gross floor area, in square feet.
(3) Note: Nothing contained herein shall restrict Applicant from altering the mix of land use types
within any Phase of development in accordance with the Application Plan.
Applicant proffers that the total build-out of Hotel, Support Commercial, and All Other Uses for any
given Phase shall not exceed the gross floor area limitations shown in the charts above in this
Section 5.3.
5.4 Proffered Road Improvements. Applicant shall design, construct and/or contribute for road
improvements in phases. Road improvement proffers in this Section 5.4 shall not include
dedication of land unless expressly provided for herein. All construction by Applicant of
offsite road improvements shall be conditioned upon the County or VDOT obtaining required
right-of-way (if such right-of-way is not owned in fee simple by Applicant), unless expressly
provided herein. So long as Applicant is ready, willing and able to construct an improvement
as provided in these proffers, even though the necessary right-of-way is not available (and in
the instances in which Applicant has proffered to acquire right-of-way, and the Applicant has
made good faith efforts to acquire the land necessary for such right-of-way) Applicant shall
not be precluded from developing the approved density build-out under the applicable zoning,
unless the improvement is otherwise required by applicable regulations or ordinances.
Unless an earlier time is required below, the road improvements described in this Section 5.4
for each applicable phase shall be completed or bonded, or contributed for (as set forth
below), before constructing each phase’s Maximum Total Build-out as set forth in Section 5.3.
Notwithstanding anything to the contrary herein, in addition, for property acquisition that is
required for the off-site public right of way for construction of the improvements by this
Section 5.4, Applicant shall make a cash contribution or provide a letter of credit in a form
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approved by the County Attorney for such purpose in the amount as deemed necessary for
the property acquisition by the County Attorney provided that such amount shall not exceed
one hundred fifty percent (150%) of the County’s appraisal prepared for acquisition or
condemnation purposes. If the cost of the right of way acquisition exceeds the amount
previously contributed above, then Applicant shall reimburse the County all such excess
costs within thirty (30) days after request by the County. The County shall refund to the
Applicant all excess contributions upon completion of the land acquisition.
A. Applicant shall satisfy the following Phase I road proffers before the Maximum Total
Build-out, Phase I (as shown in Section 5.3 above) is constructed or earlier if (i)
specified in this Section 5.4 (A), or (ii) a need is created by such development and is
demonstrated by a traffic study prepared by the Applicant at its sole expense at the
request of the County or by VDOT, and as approved by VDOT. The proffered Phase
I road improvements shall be as described on Exhibit M of the Application Plan.
Notwithstanding the foregoing, Applicant shall be permitted to construct beyond the
Total Maximum Build-out, Phase I in advance of satisfying all Phase I road proffers, if
a traffic study approved by VDOT demonstrates that the following intersections
(including all turning movements) will function, with the proposed additional building
construction, with a delay that is equivalent to or better than the following: a Level of
Service (“LOS”) “C” average at the intersection of Lewis and Clark Drive (Road A)
and U.S. 29, and LOS “D” for each individual turning movement at the U.S. 29
intersection, and LOS “D” average at the following intersections (i) Route 649 and
Road A, (ii) Route 606 and Quail Run, (iii) Route 606 and Route 649.
(1) Proffer 5.4(a)(1) of ZMA 95-04 has been completed.
(2) Applicant shall acquire (or reimburse the acquiring governmental entity
for acquisition costs, if Applicant is unable to acquire) right of way for,
design and construct two northbound left turn lanes at the intersection of
Road A (the Research Park Entrance) and U.S. 29 (one northbound turn
lane has been completed as of the date of this Proffer Statement).
Applicant will also construct a westbound turn lane into the Research
Park to provide a free flowing right turn movement for southbound
vehicles turning into the Project from U.S. 29 onto Lewis and Clark Drive.
Applicant shall acquire (or reimburse the acquiring governmental entity
for acquisition costs, if Applicant is unable to acquire) right of way for,
design and construct a channelized southbound right turn lane on U.S.
29 (This has been completed as of the date of this Proffer Statement).
The Road A/Lewis and Clark Drive exit onto U.S. 29 shall include
dedication, design and construction of two eastbound left turn lanes and
two eastbound right turn lanes (one lane in each direction has been
completed as of the date of this Proffer Statement). The entrance at
Road A/Lewis and Clark Drive at U.S. 29 also shall include dedication,
design and construction of two westbound through lanes (one lane has
been completed as of the date of this Proffer Statement).
(3) Proffer 5.4(a)(3) of ZMA 95-04 has been completed.
(4) Proffer 5.4(a)(4) of ZMA 95-04 has been completed.
B. Applicant shall satisfy the following Phase II road proffers before the Maximum Total
Build-out, Phase II is constructed (but not before the Maximum Total Build-out, Phase
I is constructed) (as set forth in Section 5.3 above) or earlier if (i) specified in this 5.4
(B), or (ii) a need is created by such development and is demonstrated by a traffic
study approved by VDOT (provided however that if the site development plan review
process does not otherwise require Applicant to supply a traffic study, Applicant will
provide at least a traffic count upon the County’s request for evidence that such need
has not been created):
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(1) Applicant shall design, dedicate, and construct within the Project a two
lane collector road extending from U.S. 29 to Route 649 through the
Research Park Project within six months of the issuance of the first
certificate of occupancy for a building constructed after construction of
the Maximum total Building-out, Phase I (980,000 gross floor area of
which up to 180,000 gross floor area may be in Tract 1 and 2 on Exhibit
J) (a portion of this road, Lewis and Clark Drive, has been completed).
Applicant shall dedicate and widen to four lanes the two lane collector
road extending from U.S. 29 to 649 when traffic volumes within the
Project create the need for such widening.
(2) Applicant shall design, dedicate and construct at the Route 649
entrance: two southbound left turn lanes on Road A, one southbound
right turn lane on Road A, and two northbound through lanes on Road A.
(3) Proffer 5.4(b)(3) of ZMA 95-04 has been completed.
(4) Applicant shall design and install all traffic signals necessary for
appropriate traffic control at the intersection of Route 649 and Road A as
improved in satisfying these Phase II road proffers, but no later than
when a need is created by the Project as determined by VDOT.
C. Construction of improvements may proceed up to the Maximum Total Build-out,
Phase III described in Section 5.3 above if any one of the following conditions shall
have been satisfied (but such conditions shall not be conditions for constructing the
Maximum Total Build-out for Phases I and II):
(1) Applicant shall design and construct (within existing right of way) to
VDOT standards (including correcting the vertical curvature of U.S. 29)
the addition of a third southbound through lane on U.S. 29 from the
entrance to the Research Park at Road A to Route 649. In the
alternative, if VDOT requires, and at the County’s direction, Applicant
shall contribute an amount equal to the design and construction costs
which would otherwise be contributed by Applicant for an additional
southbound through lane on U.S. 29 from the entrance to the Research
Park at Road A to Route 649.
(2) Before the issuance of the first certificate of occupancy for improvements
in excess of the Total Maximum Build-out, Phase II, six through lanes
shall have been constructed along U.S. 29 between the entrance of the
Research Park at Road A and Route 649 to the satisfaction of VDOT and
the County Engineer.
(3) Construction may nevertheless continue in excess of the Total Maximum
Build-out, Phase II (but in no event beyond the limitation contained in
Section 3.1) without all the road improvements having been completed
as contemplated in Section 5.4C(1) above so long as Applicant can
demonstrate to VDOT through traffic studies approved by VDOT that
acceptable levels of service can be maintained to the satisfaction of
VDOT and the County Engineer at the intersection U.S. 29 and Route
649, and at the intersection of U.S. 29 and Lewis and Clark Drive/Road
A. For purposes of this subsection 5.4C(3), acceptable levels of service
shall mean a LOS “C” average, and LOS “D” for each turning movement.
D. Upon the request of the County, the Applicant shall dedicate to public use and
convey in fee simple an area within its Project necessary for construction of a grade
separated interchange. The approximate location shall be as designated on Exhibit
M as “Right of Way Area Reserved for Possible Future Grade Separated
Interchange.” Applicant shall dedicate such area without consideration. If the area is
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dedicated by one or more subdivision plats, each such subdivision plat shall depict
the area to be dedicated and bear a notation that it is dedicated for public use. If the
area has not been dedicated by subdivision plat, the Applicant shall pay the costs of
surveying the area, preparing one or more plats thereof and preparing and recording
one or more deeds of dedication. It is Applicant’s desire to participate in the design
for such interchange so that Applicant may preserve the aesthetic features of the
Project’s entrance.
E. The one hundred fifty (150) foot buffer adjacent to Dickerson Road and shown as
“150’ Buffer Area” on Exhibit K, may be reduced by up to fifty (50) feet if the
dedication of right of way is required for the widening of Dickerson road by VDOT. If
the dedication of right of way is required for the widening of Dickerson Road, the
Applicant shall dedicate, without monetary consideration, the right of way upon
written request by the County. The right of way shall be conveyed within six (6)
months following the Applicant’s receipt of the written request. If the right of way is
dedicated by one or more subdivision plats, each such subdivision plat shall depict
the right of way and bear a notation that the right of way is dedicated for public use.
If the right of way is not dedicated by subdivision plat, the applicant shall pay the
costs of surveying the right of way to be dedicated, preparing one or more plats
thereof and preparing and recording one or more deeds of dedication, which shall
convey the right of way to the County in fee simple and shall be in the form of a
general warranty deed.
VI. RECREATIONAL AREAS AND OPEN SPACE
6.1 Developed Recreational Areas. Applicant shall develop active recreation, playing fields and
picnic areas as shown on Exhibit N: Open Space System Phasing Plan. Phasing of the Open
Space System improvements shall follow the phasing schedule of proffered road
improvements as set forth in Section 5.4 above. For example, those open space
improvements described for Phase 1 shall be completed before construction of the Maximum
Total Build-out, Phase I, as set forth in Section 5.3. Such recreation areas, unless conveyed
to the County, shall be maintained by the Applicant or an appropriate organization. Upon
request by the County, the Applicant shall convey to the County, without monetary
consideration, within six (6) months following the Applicant’s receipt of the written request,
the Sports Fields depicted on the Exhibit N. The Applicant shall pay the costs of surveying
the Sports Fields parcel, preparing one or more plats thereof and preparing and recording
one or more deeds of dedication, which shall convey the Sports Fields parcel to the County in
fee simple and shall be in the form of a general warranty deed. Sports Fields areas will not
be lighted with field or stadium lighting unless otherwise approved by the County.
6.2 Open Space. Applicant shall restrict development of areas not shown as either development
parcels or as “30.56 Acres (ZMA 05-03)” on Exhibit N: Open Space System Phasing Plan,
subject to boundary adjustment once boundaries are established by plat. In no event will the
total area of such undeveloped areas, including the Greenway (defined in Section 6.3 below),
Buffer areas (defined in Section 7.2 below), Open Space (shown on exhibits) and recreation
areas described in these Proffers be less than a total of 200 acres. These areas shall be for
the use and enjoyment of the residents of the Project, subject to the restrictions imposed by
the Declaration. Applicant may dedicate such undeveloped areas to the Owners Association
or to an appropriate organization. No structural improvements other than utilities, pedestrian
and riding trails, and Common Area amenities shall be constructed in these areas. Applicant
does not intend by this proffer to subject these areas to Section 4.7.3 of the Ordinance, if
such areas are not currently governed by such ordinance.
6.3 Rivanna Greenway. Upon request of Albemarle County, the Owner shall dedicate to the
County for public use either in fee simple or as one or more easements, a Greenway no less
than one hundred (100) feet in width along the boundary of the Property and adjacent to the
Rivanna River as shown on Exhibit N: Open Space System Phasing Plan (the “Greenway”).
No structural improvements other than pedestrian and riding trails shall be constructed, or
erected within the Greenway without the consent of the Owner. Utilities may be provided in
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the Greenway if, in the opinion of the County Engineer, there is no reasonable alternative. If
utilities are allowed in the Greenway, the Owner may grant across the Greenway utility
easements, and access easements to the Rivanna River for the users of the Project and their
guests and, may at its option, build pedestrian and riding trails or similar uses of the area.
Construction of pedestrian and riding trails shall conform to the County Design Standards
Manual for trails. The Owner will obtain approval from the County Engineer for construction
of any trails except primitive nature trails (Class B Type 1 trails).
The Owner shall convey the Greenway by Deed of Gift and Easement Agreement. The Deed
shall be accompanied by a subdivision plat depicting the Greenway and bearing a notation
that the Greenway is dedicated for public use, subject to provisions and reservations
contained within the Deed. If, at the time of dedication, the Greenway is not dedicated by an
accompanying subdivision plat, the owner shall pay the costs of surveying the Greenway,
preparing the subdivision plat or other depiction thereof acceptable to the Director of
Community Development and the County Attorney, and preparing and recording the Deed,
and further provided that the Deed is in a form approved by the County Attorney. After
dedication, the Greenway shall continue to be counted as open space for the Research Park.
6.4 Cemetery and Ice Pit Site. Applicant shall not disturb the existing family cemetery located
approximately in the area as shown on the Open Space System Phasing Plan. Applicant has
completed a preservation plan which incorporates the cemetery, ice house and former
homestead site into the development of the Project. The preservation plan has been filed
with the County to accompany these proffers. The preservation plan memorializes the
historical significance of this site, consistent with the wishes of the family of those interred in
the cemetery.
VII. LANDSCAPING AND BUFFERING
7.1 Landscaping. The Applicant shall landscape all Project roads in accordance with the
standards contained in the “Exhibit D, UREF’s North Fork Street Tree Master Plan”, filed with
the Albemarle County Planning Commission on November 1, 1994. Placement of trees and
underground utilities shall be designed to avoid root interference with such utilities.
7.2 Buffer Areas. Except as expressly provided herein in Sections 7.2 (A) and 7.2 (B), the Owner
shall not disturb the Buffer Areas (the “Buffer Areas”) as depicted on the Application Plan,
other than to: i) establish and maintain signage, fences or walls, ii) remove underbrush, iii)
plant landscaping trees for screening or (iv) construct an interconnection along the eastern
boundary between development parcels B10 and B11 as shown on Exhibit K. The Owner
shall plant additional landscaping in Buffer Areas as reasonably required for screening.
A. Tract 2 - Disturbance within Eastern Buffer. Within Tract 2 on Exhibit J, the fifty foot
buffer on the eastern side of Tract 2 shown as “50’ Buffer Area” on Exhibit K-4 (the
“Eastern Buffer”) may be disturbed in conjunction with the construction and
maintenance of the public street shown on the Application Plan as Lewis and Clark
Drive. The land disturbing activity in the Eastern Buffer shall be the minimum
necessary as determined by the County Engineer and reasonable construction
practices to allow for the construction and maintenance of Lewis and Clark Drive,
including all sidewalks and pedestrian pathways, and the construction and
maintenance of erosion and sediment control structures and measures, drainage
facilities, and stormwater management facilities which may be located either within or
out of the Eastern Buffer.
B. Tract 2 - Landscaping within Eastern Buffer. Any portion of the Eastern Buffer within
Tract 2 on Exhibit J that is disturbed as provided in paragraph 7.2 (A) shall be
landscaped by the Applicant as provided herein within one hundred eighty (180) days
after the County’s Program Authority releases the erosion and sediment control bond
for land disturbing activity within the Eastern Buffer. The disturbed portion of the
Eastern Buffer shall be planted in accordance with a landscaping plan approved by
the County in conjunction with the road plan and profile for Lewis and Clark Drive.
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The landscaping plan shall include the following: (i) an informal mix of native species
evergreens planted at least five (5) feet in height, serving as screening trees, loosely
staggered, fifteen (15) feet on-center; (ii) the same species of screening trees shall
be clustered in groups and alternate groups of screening trees shall be provided to
create a naturalistic rural landscape; (iii) shade trees shall be interspersed among the
screening trees; (iv) clusters of ornamental trees shall be provided in groups of 3’s
and 5’s; and (v) tall shrubs shall be massed to help integrate the proposed plantings
into a naturalistic rural landscape. Approved plant species shall be obtained from the
Albemarle County Recommended Plant List and the buffer design shall be subject to
the review and approval of the Director of the Department of Community
Development. The minimum caliper of all shade trees identified herein shall be two
and one-half (2 ½) inches at the time of planting. The Eastern Buffer shall be
maintained by the Applicant.
VIII. FIRE STATION
8.1 Fire Station. The Applicant has leased to the County the Fire Station Parcel which is
identified as of the date of this Proffer Statement Tax Map Parcel 32-18B (the “Fire Station
Parcel”) at no cost to the County and under such other terms as are acceptable to the County
(the “Land Lease”). The Land Lease shall be for a term that extends until the Applicant
dedicates the Fire Station Parcel, or portion thereof, to the County as provided in paragraph
8.5.
A. Proffer 8.1(A) of ZMA 2005-002 has been completed.
B. Proffer 8.1(B) of ZMA 2005-002 has been completed.
C. The Applicant shall provide hazardous materials training to County fire and rescue
personnel. The training program shall be approved in advance by the Chief of the
County’s Department of Fire Rescue. The training shall consist of two (2) four (4)
hour training sessions per year during the three (3) year period beginning on the date
the certificate of occupancy for the Fire Station is issued. The training program shall
pertain to biological, chemical and radiation elements.
D. The portion of Proffer 8.1(D) of ZMA 2005-002 dealing with a septic tank and septic
drain field has been completed. The Applicant shall close and remove the septic
disposal system on the Fire Station Parcel at its sole expense when the system is no
longer required after the Fire Station Parcel is connected to the public sewer system
as provided in paragraph 8.4.
8.2 Hazardous Material. No Hazardous material, including medical wastes shall be disposed
within the Project.
8.3 Disposition of Dedicated Property. In the event any of the property dedicated to the County
pursuant to Section 5.4(b)(1) and (2), 5.4(d), 6.1, 6.3, and 8.1 is not used for the purpose for
which it is proffered, with such use being undertaken within twenty (20) years of receipt of the
property by the County, then the property shall be used as open space.
8.4 Extension of Public Sewer to Fire Station. As condition of final subdivision plat or final site
plan approval for any development within Tracts 1 and 2 as depicted on Exhibit J, or within
Tax Map and Parcel Number 03200-00-00-01800, other than the final subdivision plat and
final site plan creating and authorizing development of the Fire Station described in Section
8.1, the Applicant shall design and construct at its sole expense, or provide a sufficient bond
or other form of surety to the County in an amount sufficient to assure construction and
acceptance by the appropriate authority, a public sewer to serve the Fire Station Parcel and,
in conjunction with such construction and upon request by the developer of the Fire Station
Parcel, shall install a lateral from the public sewer that connects the Fire Station to the public
sewer. If such request is made, the developer of the Fire Station Parcel shall reimburse the
Applicant for its costs to design and install the lateral, and shall pay all fees required for
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connecting the Fire Station to the public sewer system. Reimbursement shall be made within
sixty (60) days of receipt by the developer of a request for reimbursement accompanied by
documentation to support the amount requested.
8.5 Dedication of Fire Station Parcel. Within ninety (90) days after the Fire Station Parcel is
served by the public sewer system as provided in Section 8.4, the Applicant shall dedicate to
the County in fee simple the Fire Station Parcel, less that portion no longer needed for the
septic disposal system, and less such adjoining lands within the Fire Station Parcel
determined by the County to not be needed for public use (the “Dedication Parcel”). The size
of the Dedication Parcel is estimated to be approximately 111,021 square feet (2.55 acres)
and as shown on Exhibit B to the proffers approved with ZMA 2005-002. The Applicant shall
bear the costs of preparing the subdivision plat necessary for the dedication of the Dedication
Parcel to the County, and any other required plats or surveys, and the preparation of the
deed to convey the Dedication Parcel to the County. The Applicant shall provide general
warranties of title in the deed conveying the Dedication Parcel. Upon such conveyance, the
Land Lease described in Section 8.1 shall terminate.
8.6 Connection of Fire Station to Street; Alternate. The Applicant shall construct a street from
Lewis and Clark Drive to Tax Map and Parcel Number 03200-00-00-01800 north of the Fire
Station Parcel (the “Street”) and a travelway from the Street to a connection point within the
Fire Station Parcel or Dedication Parcel, as applicable, mutually agreed to by the Applicant
and the developer of the Fire Station Parcel, which will be shown on the approved final site
plan for the development of the Fire Station (the “Connector”), as provided below:
A. The Street shall be designed and constructed to Virginia Department of
Transportation standards or applicable street standards as determined by the County
Engineer, shall be designed and constructed to accommodate its intersection with the
Connector, and shall be located so that there is three hundred (300) feet or such
lesser distance, approved by the Virginia Department of Transportation, of separation
on Lewis and Clark Drive between the cross-over serving the Fire Station Parcel (the
“Bay Door Egress”) and the cross-over serving the Street to allow for the required
left-turn lane and taper from Lewis and Clark Drive into the Street. The Street shall
be completed for acceptance by the Virginia Department of Transportation into the
state highway system or by the County, as applicable, before the median break
allowing a direct left turn access from the northbound lane(s) of Lewis and Clark
Drive into the northern access to the Fire Station Parcel from Lewis and Clark Drive
(the “Median Break”) that is in use as of the date of this Proffer Statement (the
“Temporary Access”) is closed.
B. The Connector shall be designed and constructed to applicable private street
standards set forth in Albemarle County’s Subdivision Ordinance and Design
Standards Manual. The Connector shall be completed for acceptance by the County
before the Median Break is closed. The developer of the Fire Station Parcel shall
close, or pay all costs to close, the Temporary Access, including the cost of removing
all unnecessary pavement and installing landscaping in those areas consistent with
the existing landscaping along the front of the Fire Station Parcel.
IX. HISTORIC RESOURCES
Prior to approval of the first preliminary subdivision plat or preliminary site plan or an early
grading permit within Tract 1 on Exhibit J (except for the Fire Station property), the Owner shall
provide a reconnaissance level survey performed by an architectural historian or other qualified
individual to adequately provide an archival record of the existing buildings within Tract 1. The
survey shall meet the requirements of the Virginia Department of Historic Resources (VDHR) and
be provided on the VDHR Reconnaissance Survey Field Form.
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X. PROJECT PROGRESS REPORT
10.1 Project Report. Applicant shall submit a report to the Department of Planning and
Community Development, or its successor, every 3 years. The report shall outline the
development activity in the Project over the applicable period. Development activity updates
may be completed as part of the site plan review process and shall consist of a summary
spreadsheet of total gross square footage completed to date.
XI. SIGNATORY
11.1 Certificate. The undersigned owners certify that they are the only owners of the Property
which is the subject of this Proffer Statement and of ZMA 2005-03.
11.2 The Applicant. These proffers shall run with the Property and each reference to the
“Applicant” within these proffers shall include within its meaning, and shall be binding upon,
Applicant’s successor(s) in interest and/or the developer(s) of the Property or any portion of
the Property.
UNIVERSITY OF VIRGINIA FOUNDATION
a Virginia non-stock corporation
By: __(Signed) Tim R. Rose_____________
Tim R. Rose, Chief Executive Officer
1641 EDLICH REALTY CO LLC,
a Delaware limited liability company
By: _(Signed) Brett Sarason______________
Printed Name: __Brett Sarason___________
Title: __Corporate Counsel ______________
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