HomeMy WebLinkAboutAP202000003 Staff Report 2020-11-18COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4579
Phone (434) 296-5832 Fax (434) 972-4126
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
ELECTRONIC MEETING VIA ZOOM
AGENDA
TUESDAY, DECEMBER 1, 2020 at 2:00 P.M.
Call to Order
2. Establish a Quorum
3. Public Hearings:
A. PROJECT: VA2020-00001 Corbett Agricultural Barn
Property Owner/Applicant: Michael & Michelle Corbett/Michael Corbett
STAFF: Francis MacCall
B. PROJECT: AP2020-00003 North Pointe PDMC Development
Appellant: Stewart Wright
Staff: Bart Svoboda
4. Approval of Minutes
A. November 10, 2020
5. Old Business
6. New Business
7. Adjournment
This meeting is being held pursuant to and in compliance with Ordinance No. 20-A(14), An
Ordinance to Ensure the Continuity of Government During the COVID-19 Disaster. The opportunities
for the public to access and participate in the electronic meeting are posted on the Albemarle
County website on the Board of Zoning Appeals home page and on the Albemarle County calendar.
Participation will include the opportunity to comment on those matters for which comments from the
public will be received. https://www.albemarle.org/government/community-development/advisory-
boards/board-of-zo ni ng-appeals.
STAFF: Bart Svoboda
PUBLIC HEARING: December 1, 2020
STAFF REPORT: AP2020-00003
APPLICANT/APPELLANT: Stewart Wright
Subject Tax Parcel Numbers:
Tax Map 32, Parcels 20, 20A, 20A1, 20A2, 20A3, 22H, 22K, 23, 23A, 23B, 23C,
23D, 23E, 23F, 23G, 23H, 23J, and 29I (collectively - the "Property")
Location:
The North Pointe Property is located in northern Albemarle County between Seminole Trail (Route
29) and Pritchett Lane (State Route 785), as shown on the attached map (Attachment A).
Background: On August 2, 2006, the County approved the North Pointe rezoning
(ZMA200000009) and special use permit (SP200200072) with proffers/conditions (Attachment B).
After many years, development began in early 2019. In the fall of 2019, the County began to
receive complaints regarding the development.
Determination and APpellant's Appeal: On August 26, 2020, the Appellant filed a complaint
(ZVI0202000249) regarding the construction entrances along Pritchett Lane. In response, based on
inspections of the Property, the proffers/conditions, and the evidence available, the Zoning
Administrator issued an Official Determination of No Violation Found (Attachment Q.
Specifically, the Zoning Administrator concluded that utilizing access points from Pritchett Lane for
construction was permitted.
Grounds for Zoning Administrator's Determination: The Zoning Administrator based the
determination on inspections of the Property, the ZNIA200000009 proffers, and SP200200072
conditions, specifically condition 9 (Attachment B). The proffers do not prohibit the use of a
construction entrance along Pritchett Lane or any other roadway. Condition 9 only addresses the
design standard, timing for dedication, and approximate location of a 50-foot public right-of-way.
Staffs Response to Appeal:
1. The Appellant's first argument (Attachment D) is that the special use permit conditions do
not allow for temporary construction easements as a type of extension to Pritchett Lane.
Although the proffers/conditions do speak to various road standards, they do not prohibit the
use of construction entrances. It is inaccurate to conclude that an accessory use is prohibited
if it is not specifically mentioned in a proffer or special use permit condition. The proffers
and conditions clearly address design criteria, approximate location, and timing for
dedication of the right-of-way to public use. However, there is no mention of either allowing
or prohibiting specific accessory uses such as a construction entrance. Conditions similar to
the examples below would have been necessary to exclude or restrict specific uses.
Example 1— SP-20020-00017 (Attachment E)
The Albemarle County Board of Supervisors, at its meeting on July 10, 2002, unanimously approved the
above -noted request. Please note that this approval is subject to the following conditions
1. There shall be no on -site sales.
2 There shall be no outdoor storage of materials.
3 All solventsipaints shall be disposed of, in accordance with all applicable hazardous waste
regulations.
4. All production activity of custom-made furniture shall occur within the designated workshop,
5. The workshop shall not exceed 1,152 square feet, as shown on Attachment A (on file in
Clerk's office).
6. The applicant shall obtain a Zoning Clearance for this use within sixty (60) days of approval
or this special use permit shall expire.
Example 2 — ZMA-2016-00009 (Attachment F)
2. a) The following by right uses in Highway Commercial (HC) zoning shall not be permitted:
i. Pipe and tobacco shops
ii. Barber/Beauty shops
iii. Laundromats
iv. Farmer's Markets
v. Funeral Homes
vi. Wayside Stands
vii. Hospitals
viii. Restaurant drive thru windows
b) The following use shall be restricted:
i. Cemeteries -The existing cemetery shall not be expanded.
ii. Mini -storage - Shall be limited to the Secondary Development Zone or the upper floors
within the Primary Development Zone.
Example 3 — ZMA-2013-00012 (Attachment G)
10. Construction Traffic Management Plan. Prior to, or in conjunction with, submitting
the first initial site plan, erosion and sediment control plan, grading plan, preliminary subdivision
plat or, if a preliminary subdivision plat is not submitted, the first final subdivision plat, the
Owner shall submit a Construction Traffic Management Plan (the "CTM Plan"). The purpose of
the CTM Plan shall be to minimize conflicts between construction vehicles related to developing
the Property and pedestrians, cyclists, equestrian riders, and motor vehicles on Glenmore Way
and at the intersection of Glenmore Way and the construction entrance to be established at Main
Street, as depicted on the Application Plan, while the Property is being developed. The CTM
Plan shall include the following elements:
2
2. In response to the Appellant's second argument, staff agrees that staff cannot
administratively amend a special use permit.
However, staff has not made any administrative amendments to the proffers or special use
permit conditions.
Summary
On September 21, 2020, the Zoning Administrator issued an Official Determination of No Violation
Found (Attachment Q. Based on inspections of the Property and the proffers/conditions, the
evidence supports the determination that the construction access points on Pritchett Lane are
compliant with the zoning ordinance and special use permit conditions.
Because the Zoning Administrator's determination was and is correct, staff asks that the Board of
Zoning Appeals affirm this determination.
Proposed Motion:
I move that the Board of Zoning Appeals affirm the Zoning Administrator's determination of No
Violation Found (Attachment Q.
Attachments:
Attachment A: Current GIS Map of the Property
Attachment B: ZMA-200000009 and SP-200200072 North Pointe Conditions - Dated August 23,
2006
Attachment C: Official Determination of No Violation Found (ZVIO202000249)
Attachment D: AP201900004 Application
Attachment E: SP-20020-00017 Conditions
Attachment F: ZMA-2016-00009 Proffer Statement
Attachment G: ZMA-2013-00012 Proffer Statement
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Zoning Map
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
August 23, 2006
Donald J. Wagner
GEMC & Riverbend, LP
PO Box 5526
Charlottesville, VA 22905
RE: ZMA-00-009 North Pointe PD-MC (Signs #97, 98, 99)
AND
SP-02-072 North Pointe Residential Uses (SignS #97, 98, 99)
Tax Map 32 Parcels 20, 20a, 20al, 20a2, 20a3, 22h 22k, 23, 23a, 23b, 23c, 23d, 23e,
23 f, 23g, 23h, 23j and 29i
Dear Mr. Wagner:
The Board of Supervisors approved ZMA-2000-009 North Pointe on August 2, 2006. Your
rezoning from RA Rural Area to PD-MC Planned Development Mixed Commercial was
approved in accordance with the attached proffers dated July 20, 2006. An application
plan/plan of development dated June 13, 2006 was approved as part of the rezoning. Please
refer to these documents for any future applications and requests on this property.
On August 2, 2006, the Albemarle County Board of Supervisors also took action on SP 2002-
072 North Pointe to allow Residential Uses on Tax Map 32 Parcels 20, 20a, 20al, 20a2, 20a3,
22h 22k, 23, 23a, 23b, 23c, 23d, 23e, 23 f, 23g, 23h, 23j and 29i in the Rivanna Magisterial
District. This special use permit was approved based on the following conditions:
1. Residential mix. The dwelling units within the Project shall consist of the following three
types: (a) single-family detached, including carriage house units; (b) multi -family; and (c)
other (consisting of townhouses, duplexes, attached housing, condominiums in the
commercial areas and any other unidentified housing types). The minimum number of
each of the three dwelling unit types shall be 205 of the 893 total permitted dwelling units.
2. Phasing of residential units. Beginning from the date of approval of the first commercial
building permit, the owner shall record subdivision plats creating a minimum of forty (40)
lots for single family detached residential units each year thereafter until plats have been
recorded creating lots for a minimum of two hundred (200) single family detached
residential units. If the owner records subdivision plats creating lots for more than forty
Wagner
Page 2 of 6
August 23, 2006
(40) single family detached residential units in any year (including any year prior to the
date of approval of the first commercial building permit), the excess lots shall be credited
to the lots required in subsequent years.
Conservation areas. The conservation areas shown on the Application Plan shall remain
undisturbed and shall be protected from development impacts to the satisfaction of the
County's program authority for the Water Protection Ordinance (Chapter 17 of the
Albemarle County Code) (the "Program Authority'); except that the pedestrian paths
shown on the Application Plan may be placed in a conservation area where shown on the
Application Plan. Storm drainage outfalls and other pedestrian paths may only be placed
in conservation areas if the Program Authority finds that no other location is reasonably
available and that the disturbance is necessary for such a proposed use.
Notwithstanding the terms of this Condition 3 to the contrary, the Program Authority may
approve a utility main within a conservation area, even if it is not shown on the
Application Plan, and the Program Authority may approve other disturbances and/or
measures as may be appropriate in the Program Authority's discretion to further protect a
conservation area.
4. Conservation areas with utilities. The conservation areas with utilities shown on the
Application Plan shall remain undisturbed and shall be protected from development
impacts to the satisfaction of the Program Authority; except that:
A. The streets and pedestrian paths shown on the Application Plan may be placed in a
conservation area with utilities where shown on the Application Plan. Other
pedestrian paths, other streets, and sanitary sewers, storm drainage outfalls, and/or
stream mitigation measures may only be placed in a conservation area with utilities if
the Program Authority finds that no other location is reasonably available and the
disturbance is necessary for such a proposed use. In any event, the construction,
maintenance and use of the improvements shall have the minimum environmental
impact on the conservation area with utilities necessary for the improvements to be
established and maintained, and the long-term impacts shall be adequately mitigated.
Nothing in this condition shall be construed to obviate the requirements established
for stream buffers under Chapter 17 of the Albemarle County Code or shall constitute
a waiver of such requirements.
B. Erosion and sediment control structures and measures shall be permitted within a
conservation area with utilities solely to address impacts from authorized land
disturbing activity within such area, unless otherwise requested by the Owner and
approved by the Program Authority.
C. The Program Authority may approve other disturbances and/or measures as may be
appropriate in the Program Authority's discretion to further protect a conservation
area with utilities.
5. Open space. The Owner shall restrict from development all open space areas
designated as greenway, buffer areas and park areas shown on the Application Plan.
This condition shall not apply to development parcels, conservation areas, and
conservation areas with utilities shown on the Application Plan.
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Page 3 of 8
August 23, 2006
A. Open space areas not dedicated to public use shall be for the use and enjoyment of
the residents of the Project, subject to the restrictions that may be imposed by any
declaration recorded as part of a conveyance of these areas to a homeowner's
association. Open space areas dedicated to public use shall be for the use and
enjoyment of the public, including the residents of the Project.
B. No structural improvements other than utilities, pedestrian and biking trails, and
common area amenities such as playgrounds, picnic areas, hardscapes, and PAR
exercise equipment shall be established and maintained in the open space areas.
6. Aggregate set aside for open -space related areas. In no event shall the total area of
open -space related areas comprised of the conservation areas (Condition 3),
conservation areas with utilities (Condition 4), open space (Condition 5), greenway
(Conditions 5 and 7), and landscaped buffer areas (Conditions 5 and 8) shown on the
Application Plan, be less than a total of thirty-five percent (35%) of the total land within
the Project to be developed for residential uses, as shown on Sheet G to the Application
Plan entitled "Open Space and Green Way Plan," dated March 6, 2006 ("Sheet G").
7. Rivanna greenway/access. The Owner shall reserve for dedication to public use a
greenway along the boundary of the Project and adjacent to the Rivanna River, between
the flood plain line and a preservation area (hereinafter, the "greenway") as shown on
Sheet G.
A. The Owner may grant such utility easements across the greenway as are required for
a forced main utility and for the proposed uses shown on the Application Plan, each
with the prior written consent of the County. Erosion and sediment control structures
and measures shall be permitted within a greenway solely to address impacts from
authorized land disturbing activity within the greenway, except as otherwise requested
by the Owner and approved by the Program Authority.
B. The Owner shall dedicate to public use the greenway and all pathways shown through
land depicted on Sheet G as "Greenway"; provided, however, that the property
owners within the Project shall have access to and over such pathways at all times
the pathways are open to the public. The greenway and pathways shall be dedicated
either upon the request of the County, or in conjunction with the platting of the
residential lots adjacent to the section of the greenway to be dedicated. If the
greenway and pathways are dedicated by platting, the greenway and pathways shall
be set apart on the plat for public use with a notation that the greenway and pathways
are dedicated for public use. If the County accepts dedication of the lake referenced
in section VI of the Proffer Statement for the Project (ZMA 2000-009), upon request
by the County, the Owner shall dedicate to public use the access pathway east of the
middle entrance and leading to Flat Branch as shown on Sheet G.
C. Access easements to the Rivanna River shall be provided as shown on the
Application Plan for the benefit and use by property owners within the Project.
D. The Owner shall be responsible for the costs of drafting the deeds of dedication,
having required surveys conducted and plats prepared, and recordation costs.
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August 23, 2006
Landscaped buffer between residential areas and rural areas. Before the County issues
a certificate of occupancy for the first dwelling unit constructed on any of the lots shown
on the Application Plan abutting the areas shown on the Application Plan as "Open
Space Buffer (30')" along Pritchett Lane (Lots Al-6, 1-18-20, L15-34 and N2-5), the Owner
shall establish and thereafter maintain a heavily vegetated buffer in the open space buffer
common areas. The buffer, where one does not already exist, shall be planted in
accordance with a landscaping plan approved by the County. The landscaping plan shall
include the following: (i) an informal mix of 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) large and medium 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. The features described in (i) through (v) herein define a "naturalistic
rural landscape." Approved plant species shall be obtained from the Albemarle County
Recommended Plants List and the buffer design shall be subject to the review and
approval of the Director of the Department of Community Development. The Owner shall
maintain the buffer.
9. Extensions. Unless the dedication of public right-of-way and the construction of such
streets or accessways, as applicable, are required in conjunction with the approval of a
subdivision plat under Albemarle County Code § 14-409 and related sections, or their
successors, the following streets or accessways, as applicable, shall be constructed and
rights -of -way shall be reserved for dedication to public use as provided herein:
A. Extensions to Pritchett Lane. The Owner shall design and construct as emergency
access ways extensions to Pritchett Lane within the fifty (50) foot wide rights -of -way
located between Lots H-9 and H-10 and Lots L-16 and L-17, respectively, as shown
on the Application Plan, subject to the following:
The emergency accessways shall be designed and graded to accommodate a
minimum Virginia Department of Transportation standard for a public street as
determined by the County Engineer, and constructed using pervious parking
pavers or other materials sufficient to support fire and other emergency vehicles,
but that support grass or other ground cover, in conjunction with the construction of
the streets serving Lots H-7 and L-14, respectively.
2. The fifty (50) foot wide rights -of -way shall be dedicated to public use upon request
by the County, together with all necessary right-of-way for the fifty (50) foot wide
rights -of -way to be geometrically connected to adjoining streets as approved by the
County Engineer.
3. If requested by the County within ten (10) years after the first certificate of
occupancy is issued for a dwelling unit within the H or L sections shown on the
Application Plan, and after the property on the east side of Pritchett Lane opposite
the respective emergency access ways has been upzoned, the Owner shall
convert and upgrade the emergency access ways to the applicable Virginia
Department of Transportation public street standards for acceptance into the state
highway system. Subject to weather delays or force majeure, the construction of
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Page 5 of 8
August 23, 2006
the upgrades shall be completed for such acceptance within one hundred eighty
(180) days after the request by the County.
B. Extension to Tax Mao 32 Parcel 231-1I. In the event that any of the residential units
within the Project adjacent to Tax Map 32, Parcel 23HI are developed under a site
plan, the Owner shall design and construct extensions to Tax Map 32, Parcel 23HI by
way of two streets within the fifty (50) foot wide rights -of -way located as shown on the
Application Plan and identified by the notation "R.O.W. Reserved for Future
Dedication," adjacent to the church property identified as Tax Map 32, Parcel 23HI
that fronts on Pritchett Lane. The exact location of the rights -of -way shall be fixed by
the applicable final site plan.
The streets shall be designed and constructed to applicable Virginia Department of
Transportation public street standards. The streets shall be constructed in
conjunction with the applicable final site plan, or at such other time authorized by
the County Engineer under such terms and conditions the County Engineer
determines to be appropriate, including the requirement that the Owner provide
adequate surety or other guarantee that the streets will be constructed and
maintained until accepted into the state highway system.
2. The streets shall be constructed as close to the property line between the Project
and Tax Map 32, Parcel 23HI as determined by the County Engineer to be feasible
without obtaining offsite construction easements. The rights -of -way shall be
graded as close as possible to the Project property line.
To allow the completion of street improvements to and beyond the Project property
line, temporary construction easements on the Owner's property and outside of the
rights -of -way to be dedicated shall be reserved on the applicable final site plan.
The site plan also shall include a note stating that no improvements shall be
established within the reserved area. Within ninety (90) days after request by the
County, the easements shall be granted. No improvements shall be located within
the temporary construction easements until the construction of the street
improvements onto Tax Map 32, Parcel 23HI has been completed so that the need
for the temporary construction easements no longer exists.
4. Within ninety (90) days after request by the County after Tax Map 32, Parcel 23HI
has been upzoned, the Owner shall dedicate to public use the streets and rights -of -
way and offer the street for acceptance into the state highway system.
10. Overlot grading plan. For all subdivisions with lots less than 15,000 square feet in size
and not otherwise requiring a site plan, a lot grading plan ("Overlot Grading Plan") must
be approved by the County Engineer prior to the issuance of a building permit for a new
residence on any such lot(s). The Overlot Grading Plan must satisfactorily demonstrate
compliance with all Erosion and Sediment Control requirements for drainage conveyed
across such lot(s). An "Agreement in Lieu of a Plan" will be allowed for building permits,
provided the general drainage patterns and grading matches that shown on the Overlot
Grading Plan. The Overlot Grading Plan may be revised at any time by the subdivision
developer or individual lot owners, provided all work can be accomplished within their
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Page 6 of 8
August 23, 2006
property lines or within available easements. All amendments shall be subject to the
review and approval by the County Engineer.
A. The Overlot Grading Plan shall be drawn to scale not greater than one (1) inch equals
fifty (50) feet, with all proposed grading shown at contour intervals not greater than
two (2) feet interpolated and shall demonstrate to the satisfaction of the County
Engineer that:
1. All concentrated runoff is conveyed across lots using vegetated swales or
underground drainage structures in a manner that does not result in flooding of
buildings or erosion as a result of the grading. For the purposes of this
requirement, flows from roof downspouts will be considered concentrated flows if
not adequately dispersed before reaching the property line.
2. Overland relief is assured in the event that drainage structures do not function.
Overland relief will be considered satisfied if buildings are designed to have
finished floors at least one (1) foot above low points for any drainage area which
includes the house. With dams and similar impoundments, this should be
measured from the top of the dam.
B. The County Engineer may allow other drainage structures (e.g., riprap ditches) where
it has been determined this change will not significantly impact usable yards (e.g.,
cobblestone swale next to a driveway), where slopes are too steep for vegetated
swales (e.g., steeper than 33% grades), or where the change would better mitigate
impacts on adjoining properties (e.g., matches offsite drainage structure).
C. Public drainage across lots shall be in storm sewers except open drainage ways may
be allowed if the plat restricts construction of a building within fifty (50) feet of a
proposed open drainageway. If a storm sewer is used across lots, easement widths
must be sufficient to allow excavation with 1:1 side slopes on the trench, sufficient
room on one side of the trench to stockpile excavated materials, sufficient room on
the opposite side of the trench to allow for movement of materials, and adequate
room for a backhoe boom to swing. Fences, walls, driveways, and other uses are not
allowed within the easements, except where a "hold harmless" clause is included in
the easement agreement.
D. No surface drainage may flow across more than three (3) lots or one-half (112) acre,
whichever is greater, before being collected in a storm sewer or directed to a drainage
way outside of the lots.
E. Retaining walls higher than four (4) feet (measured from the top of the face to the
ground on the downhill side) shall be designed by a professional engineer to assure
long-term stability. Retaining walls building using a VDOT standard or a pre-
engineered product that includes certification are not required to provide a separate
professional engineer's certification provided the building contractor provides an
affidavit that the wall was constructed consistent with the standard. Retaining walls
higher than four (4) feet in useable yards or places where the public might walk must
include a railing similar in design to what is required for elevated decks. In
circumstances where it is questionable whether a railing is required, the County
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Page 7 of 8
August 23, 2006
Engineer will make the determination. The builder must provide evidence of the
ability to maintain any retaining wall which could not be maintained without the use of
adjoining property.
Except for the main entrance to the dwelling, which shall be governed by Condition 10
(G), the Plan shall demonstrate that an area at least five (5) feet in width, or to the lot
line if the distance is less than five (5) feet, from any possible doorways to dwellings
as shown on the Plan or from the edges of any grade level patios as shown on the
Plan that will not be served by a stairway, has grades no steeper than ten percent
(10%) perpendicular to the exterior wall.
G. In lieu of the foregoing provisions, the grading plan for the residential units located in
the southeastern portion of the Project as shown on the Application Plan shall be
included as part of the site development plan application for the appurtenant
commercial area as shown on the Application Plan.
H. Any requirement of this condition may be waived by the County Engineer by
submitting a waiver request with the preliminary plat. If such a request is made, it
shall include: (i) a justification for the request contained in a certified engineer's
report; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller
than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the
property; (iv) topography of the property at five (5) foot intervals for the property being
subdivided and on abutting lands to a distance of five hundred (500) feet from the
boundary line or a lesser distance determined to be sufficient by the agent; (v) the
locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and
(vi) the proposed layout of streets and lots, unit types, uses, and location of parking,
as applicable. In reviewing a waiver request, the County Engineer shall consider
whether the alternative proposed by the Owner satisfies the purpose of the
requirement to be waived to at least an equivalent degree. In approving a waiver, the
County Engineer shall find that requiring compliance with the requirement of this
condition would not forward the purposes of the County's Subdivision and Water
Protection Ordinances or otherwise serve the public interest; and granting the waiver
would not be detrimental to the public health, safety or welfare, to the orderly
development of the Project, and to the land adjacent thereto.
I. The Owner may request that the Plan be amended at any time. All amendments shall
be subject to the review and approval by the County Engineer.
11. Sanitary sewers. All residential uses shall be served by gravity sanitary sewers;
however, basements may be served by grinder pumps.
In addition, the Board approved the following WAIVERS:
1. Section 21.7 minimum yard requirement waiver to allow for alternative setbacks in
accordance with the application plan; and
2. Section 4.2 of the Zoning Ordinance related to critical slopes, as shown on the application
plan.
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August 23, 2006
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 above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
• compliance with applicable PROFFERS;
compliance with conditions of the SPECIAL USE PERMIT;
• approval of and compliance with SITE PLAN(S) AND/OR SUBDIVISION PLAT(S); and
• approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued is not
commenced within twenty-four (24) months from the date of Board approval, it shall be deemed
abandoned and the permit terminated. The term "commenced" means "construction of any
structure necessary to the use of the permit."
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Sherri Proctor at 296-5832.
Sincerely,
v
V. Wayne ilimber9
Director of Planning
VWC/aer
Cc: Violet Hills Association, etal
C/o Greater Eastern Management Co.
Post Office Box 5526, Charlottesville, VA 22905
Amelia McCulley
Tex Weaver
Chuck Proctor
Sherri Proctor
Steve Allshouse
Sarah Baldwin
Bruce Woodzell (Real Estate)
PROFFER STATEMENT
NORTH POINTE CHARLOTTESViLLE, LLC
REZONING .APPLICATION: #ZMA-2000-009, SP-2002-72
Jule 20, 2006
With respect to the property described in rezoning application 4ZMA-20(10-09
and SP-2002-72 (the "ZMA"). CWH Properties Limited Partnership is the fee simple owner and
North Pointe Charlottesville. LLC is the contract purchaser of" Tax Map 32, Parcels 20. 20A,
20AL 2OA2. 20.A3 and 291 (the "North Pointe Property"). Violet Hill Associates. L.L.C. is the
lire simple owner of Tax Map ;2, Parcels 23, 23A, 2313, 23C, 23D, 23E, 23F. 23G. 23H and 23.1
(the "Violet Hill Propem"). Virginia Land Trust is the fee simple owner of "fax Map 32, Parcel
"K (thc "Virginia Land Trust Property") and the Edward R. Jackson Trust is the fee simple
mvner of'lax Map 32, Parcel 22FI (the ".Jackson Trust Property"). The respective parties are
collectively referred to herein as the "Owner". which term shall include uny successors in
interest. The North Pointe Property. the Violet Hill Property, the Virginia Land Trust Propert\
and the Jackson Trust Property are referred to collectively as the "Propem
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. Owner
hereb\ yoluntar\ proffers the conditions listed in this Proffer Statement, which shall be applied
to the North Pointe Property if the Z_MA is approved by Albemarle County. These conditions are
proflcred as part of the ZM.A and it is agreed that: (I ) the ZMA itself gives rise to the need for
the conditions, and (2) such conditions have a reasonable relation to the rezoning requested.
This Proffer Statement shall relate to the multi -page application plan entitled
"North Pointe Community". prepared by Keency & Co., Architects, as revised through June 13.
2006 and attached hereto as Exhibit A (the "Application Plan"). and the Albemarle County Code
in effect as of the date of this Proffer Statement (the "County Code"). The North Pointe
Community shall be referred to as the "Project".
1. THIS SECTION INTENTIONALLY DELETED
iI. ENTRANCE CORRIDOR
^_.l Creation of a 50-Foot Buffer along the Entrance Corridor. Within six (6)
months after the acceptance by the Virginia Department of Transportation ("VDOT") of the
Road Improvements as defined in Section 5.3 that are along the northbound lanes of U.S. Route
29. Owner shall plant and thereafter maintain at all times a landscaped buffer, including
hedgerows. along the Entrance Corridor frontage parcels owned by Owner. 'file buffer will
consist of a minimum 50-foot wide continuous visual landscape area that shall be subject to
Albemarle County Architectural Review Board ("ARB'") review and approval (the "Buffer'"). In
the event VDOT at any time in the future reduces any portion of the Buffer located on VDOT
property, the Owner shall compensate for such reduction by extending the Buffer on Owner's
property in order to maintain a minimum TO -foot Buffer. even if such compensation shall require
the removal of parking adjacent to such Buffer.
Appearance of Storm Water Management ("SNN'M") Facilities. The SW'M
lacilities visible from the Entrance Corridor identified on the Application Plan (stormwater
management facilities 1, 2. and 10) shall be shown on a plan and be subject to ARB review and
approval. SWM 1 shall be designed such that its shape. placement, and land form (grading)
transition between the adjacent conservation area and the adjacent hard edge of the parking lot
and buildings. The plan for SWM i shall be submitted to the ARB with the first ARB
submission for Building 14 or 19 identified on Sheet B to the .Application Plan ("Sheet B"), or
any such building that is proposed to be located where Building 14 is located on Sheet B
pursuant to the terms of Section 3.2. SWM 2 shall have a more structured appearance than
SWM 10 (see below) and shall be designed such that its shape, placement. and land form
(grading) transition between the adjacent conservation area and the adjacent hard edge of the
parking tat and buildings. The plan for SWM 2 shall be submitted to the ARB with the first
ARB submission for any of Buildings 26 through 31. SWM 10 shall be designed such that its
shape. placement, and land form (grading) are integral with the adjacent conservation area. The
plan Ibr SWM 10 shall be submitted to the ARB at the time road plans are submitted to the
C'Onnty and VDOT for Northwest Passage.
DENSITIES
3.1 Total Buildout. The total number of dwelling units within the Project shall not
exceed eight hundred ninety-three (893). Subject to Section 3.2, the building footprints and gross
floor areas of commercial. office, and other uses. and the building footprints of hotels shall not
exceed those set forth in the Land Use Breakdown Table on Sheet A to the Application Plan
("Sheet A").
3.2 Limited Adjustments to the Elements of the Application Plan. The gross floor
area o1 the buildings used for commercial. office, other uses, and hotels shown on Sheet .A may
be adjusted within a range of up to ten percent (10%), provided that the maximum gross floor
area for each category of uses shown on Sheet A is not exceeded. The footprints of Buildings 6,
14 and 36 as shown on Sheet A can be interchanged. Notwithstanding the terms of this Section
3? to the contrary, Building 14 shall not initially exceed 88,500 square feet, provided, however,
that after two years following the issuance of the certificate of occupancy for Building 14,
Building 14 may be adjusted within a range of up to ten percent (10%), and if Building 14 is
located in the location shown on Sheet B, any such expansion shall be located to the east so that
the additional space is located along North Pointe Boulevard. Notwithstanding the terms of this
Section 3.2 to the contrary, but subject to the provisions of Section 8.1. the County may
authorize Building 21 as shown on Sheet A to be adjusted by more than ten percent (I00/W.
iV. STORMWATER MANAGEMENT AND STREAM BED 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 biking trails, and only to the extent such exceptions are permitted by County ordinances and
regulations. Upon the request of the County. Owner shall provide a survey and prepare the
necessarc documentation and dedicate the land within such flood plain to the County.
4.2 Stornrn•ater Manasement Plan. The stonmvater!best management practices
("BMP") plan for the Project shall be prepared, and all stormwater management facilities for the
Project shall be designed and constructed. to accommodate all current stormwater discharge from
Tax Map Parcel 012AO-02-00-00400 (Northwoods Mobile Home Park Development) and from
the existing developments on the northeast and northwest corners of Proffit Road and U.S. Route
29. specifically the following parcels shown on the current Albemarle Counq tax maps: tax map
3'_. parcels 38. 38A, 39. and 39A; tax map 32A. parcels 2-1, 2-IA, 2-W. 2-113. 2-1C and 2-1 D.
The storms+atcr management facilities shall mitigate the stormwater quality and quantih
impacts. for the stormwater generated both within the Project and for such existing offsite
conditions as described herein, as though the entire preexisting condition of the drainage area is
an undeveloped wooded site and is being developed to the existing off -site conditions and the
proposed on -site conditions. In addition, biofilters shall comprise a minimum of thirty-three and
one-third percent (33 1 1%) of the total required parking lot landscaped areas within the
"Commercial Area" of the Project, as such Commercial .Area is delineated on Sheet G of' the
Application Plan ("Sheet G").
4.3 Erosion and Sediment Control.
(a) The Owner shall, to the "maximum extent practicable", provide such
additional appropriate erosion and sediment control measures that exceed State and Local
minimmn standards. If there is a disagreement regarding whether the standard of 'maximum
extent practicable" is satisfied, the Virginia Department of Conservation and Recreation will be
provided an opportunity to review and advise on such question.
(b) Post -Construction Stormwater Management: The Owner shall, to the
maximum extent practicable, provide post -construction stormwater BMPs that are designed to
achieve an average annual sediment removal rate of 80% as published by the Center for
Watershed Protection in Article 64 of The Practice of Watershed Protection (2000 edition).
These will include. but are not limited to, bioretention. bioretention filters and wet retention
basins.
4.4 Stream Buffer and Restoration. Upon the commencement of the applicable
comment period. the Owner shall notify the Count} and provide the County with a coPy of any
application(s) to the U.S. Army Corps of Engineers and./or DEQ for any stream disturbance. In
addition. if necessary. after first looking on -site for mitigation opportunities available to satisfy
the permitting process. the Owner shall contact the County for a list of off -site opportunities
within Albemarle County for such mitigation. and shall loot: for such mitigation opportunities
off -site.
N'. TRANSPORTATION
5.1 Internal Street Construction Standards. Public streets. which in anv eccnt
shall include at (cast Leake Road. North Pointe Boulevard. Northside Drive East and Northwest
Passage. shall he (i) constructed in accord with the illustrative urban design cross sections shown
on Sheet D-1 to the Application Plan ("Sheet D-F) and also in accordance with VDOT design
standards pursuant to detailed plans agreed to between Otiner and VDOT, and (ii) dedicated for
3
public use and offered for acceptance into the state highway system. 'frees (with a maximum
spacing of fifty (50) feel), landscaping and sidewalks as shown on Sheet D-1 shall be installed
and maintained by the Owner in accordance with County or VDOT standards, unless VDOT or
the County agrees in writing to assume this responsibility.
;? Timing of Completion for Internal Streets. Before issuance of certificates of
occupancy. Owner shall complete that segment o1 an internal street as shown on Sheet D-1
within the Project which serves the building or residence for which a certificate of occupancy is
sought with at least the stone base and all but the final laver of plant -mix asphalt. The final laver
of plant -mix asphalt shall be installed within one (i ) year following the issuance of the first
certificate of'occupancy for a building or residence served by the affected street segment.
5,3 Road Improvements. Owner shall design and construct all of the road
improvements referenced in Sections 5.3.1(a), 5.3.1(b) and 5.3.1(c) below, which are also shown
on Sheet D-i to the Application Plan and on Sheet E to the Application Plan entitled "External
Road Improvement Plan" ("Sheet F.") (collectively.. the "Road Improvements"), unless such
Road Improvements are first constructed or bonded by others. The various phases of the Road
Improvements are also shown for illustrative purposes on a color -coded copy of Sheet B that is
attached hereto as Exhibit B. Owner shall dedicate to public use any required right-of-way that it
now or hereafter owns in fee simple. For purposes of this Section 5.3, the use of the term "road"
as it applies to internal streets shall also have the same meaning as the word "street" in the
Albemarle County Subdivision Ordinance (Chapter 14 of the Albemarle County Code) where
applicable.
5.3.1 Design and Phasing. All Road Improvements shall be designed and phased as
Follows:
Design. The Road Improvements shall be shown on detailed road plans satisfying
VDOT design standards which shall be submitted by the Owner for review and, when
satisfactory, approved by VDOT and the County (except for the Road Improvements to U.S.
Route 29, which shall be subject only to VDOT approval) (hereinafter, the "Approved Road
Plans"). The Approved Road Plans shall show the width and length (except as specified in
Sections 5.3.1(a)(1)(ii) and (v) and Section 5.3.1(b)(1)(i)), location, type of section, and
geometries of all lane improvements as required by VDOT design standards. All of the Road
Improvements shall be constructed in compliance with the Approved Road Plans. The Road
Improvements to U.S. Route 29 shall be based on the then -current VDOT design speed and
cross -slope requirements. Notwithstanding the provisions of this paragraph to the contrary, in
the event that the internal residential street designs as shown on Sheet D-i are not accepted by
VDO'1'. the Owner shall submit detailed road construction plans for such streets to the County for
review and, when satisfactory, approval, subject also to the County's approval of private sweets
Under the Subdivision Ordinance (Ch. 14 of the Albemarle County Code).
Phasing. The Road Improvements shall be constructed and completed in three
phases as set forth below:
4
(a) Phase I Road Improvements. Prior to approval of the first commercial
subdivision plat or site plan within the Pro'ject. Owner shall obtain all associated permits and post
all associated bonds required for the construction of the following (collectively, the "Phase I
Road Improvements"):
( 1 ) Southernmost Entrance on l S. Route 2L):
(i) U.S. Route 29 Southboutnd — correction of the vertical
curvature in the roadwayjust north of the entrance.
(ii) U.S. Route 29 Southbound construction of a continuous
12 foot wide through lane (with shoulders or guard rail as required b� VDOT) starting at a point
that is 1000 lect north of the southernmost entrance and extending south to Airport Road.
(iii) U.S. Route 39 Southbound — construction of dual left turn
lanes with taper at the crossover.
(iv) U.S. Route 219 Southbound — construction of right turn lane
"ith taper to serve northernmost entrance to SR 1515.
(v) C.S. Route 29 Northbound — construction of a continuous
12 liiot wide through lane (with shoulders or guard rail as may be required be VDOT) extending
from Proflit (Airport) Road (Route 6 t9) to the Northwest Passage entrance.
(vi) i:.S. Route 29 Northbound — construction of a right hand
turn lane at the Southernmost entrance. the geometries of which will be subject to VDOT
approval.
(vii) U.S. Route 19 Northbound — construction of left turn lane
with taper into SR 1515.
(viii) SR 1515 Eastbound — construction and/or restriping to
provide left turn lane with taper.
(ix) Installation of a traffic signal with 8 phase timing, video
detection and associated intersection improvements at the intersection with U.S. Route 29.
(x) Close existing crossover at U.S. Route 19 and
Southernmost Entrance to SR 1515.
and U.S. Route 29.
(xi) Proposed Entrance Road between North Pointe Boulevard
5
(2) North Pointe Boulevard. Leake Road and Proffit Road:
(i) Leake Road and North Pointe Boulevard, in accordance
%Kith the design cross -sections shown on Sheet D-1, from Proffit Road to either Northside Drive
East or, if' Northside Drive East has not yet been constructed to the roundabout at North Pointe
Boulevard. North Pointe Boulevard shall be extended to Northwest Passage. The Owner shall
provide a filly (50) loot public right-of-way along Leake Road and shall construct a two-lane
public sweet to be accepted by VDOT and as much of the other improvements shown on the
cross -sections as possible within the available right-of-way as reasonably determined by the
County Engineer.
(ii) The roundabout, or such other improvements as may be
approved by VDOT and the County, at the intersection of Leake Road and Proffit Road shown
on Sheet 13and an additional westbound right turn lane on Profit Road from Leake Road to U.S.
Route 29 as shown on Sheet E. In addition, for property acquisition that is required for the off -
site public right-of-way for construction of the improvements required by this Section
5.3.I(a)(2)(ii), the Owner shall make a cash contribution or provide a letter of credit in a form
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 (I i0%) of the County's fair market value appraisal prepared for acquisition
and condemnation purposes. The cash contribution or letter of credit described in this Section
5.1.1(a)(2)(ii) shall be used to pay for the total cost of the right of way acquisition. The total cost
of the right of way acquisition for the off -site property necessary to construct the improvements
required by this Section 5.3. 1 (a)(2)(ii) shall include the normal costs associated with acquiring
land. buildings, structures, easements and other authorized interests by condemnation or by
purchase including, but not limited to. land acquisition, engineering, surveying, and reasonable
attorneys Ices. The cash contribution or the letter of credit shall be provided by the Owner
within thirty ( 10) days upon request by the County. If the proper[% is acquired by purchase. the
contribution for the purchase price shall not exceed one hundred fifty percent (150°0) of the
County's fair market value appraisal prepared for condemnation purposes without the consent of
the Owner. If the cost of the right of way acquisition exceeds the amount previously contributed.
then the Owner shall reimburse the County all such excess costs within thirty (30) days upon
request by the County. 'The County shall refund to the Owner all excess contributions upon
completion of the land acquisition.
(iii) Intentionally Omitted
(iv) An additional through lane eastbound on Proffit Road from
U.S. Route 29 to the roundabout at the intersection of Leake Road and Proffit Road. In addition,
liar property acquisition that is required for the off -site public right-of-ways for construction of the
improvements required by this Section 5.3. ] (a)(2)(iy), the Owner shall make a cash contribution
or provide a letter of credit in a form 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 fair market Value
appraisal prepared for acquisition and condemnation purposes. 'file cash contribution or letter of
0
credit described in this Section 5.3.I(a)(2)(ic) shall be used to pay for the total cost ofthc right of
ware acquisition. The total cost of the right of way acquisition for the off -site property necessary
to construct the improvements required by this Section 5.3.1(a)(2)(iv) shall include the normal
costs associated with acquiring land, buildings, structures, casements and other authorized
interests by condemnation or by purchase including, but not limited to. land acquisition,
engineering, surveying, and reasonable attorneys fees. The cash contribution or the letter of
credit shall be provided by the Owner within thirty (30) days upon request by the County. If the
property is acquired by purchase, the contribution for the purchase price shall not exceed one
hundred fifiy percent (150%) of the County's fair market value appraisal prepared fir
condemnation purposes without the consent of the Owner. If the cost of the right of w•ay
acquisition exceeds the amount previously contributed, then the Owner shall reimburse the
County all such excess costs within thirty (30) days upon request by the County. The C'ounte
shall refund to the Owner all excess contributions upon completion of the land acquisition.
Completion of the Phase I Road Improvements. Within fifteen ( 15) months
aficr the issuance of the first building permit for a commercial building within the lands subject
to the first commercial subdivision plat or site plan within the Project. or prior to the issuance of
a certificate of occupancy for such building, whichever is earlier, all of the Phase I Road
Improvements shall be accepted by VDOT for public use or bonded for VDOT's acceptance if
such Road Improvements are a primary highway, or accepted by VDOT for public use or bonded
to the C'Uunly fin• VDOT's acceptance if such Road improvements are a secondary hiehv`•a\.
(b) Phase If Road Improvements. Prior to approval of the first site plan that
would authorize the aggregate commercial. office and hotel gross floor area as shown on Sheet A
within the Project to exceed two hundred ninety thousand (290.000) square feet_ Owner shall
obtain all associated permits and post all associated bonds required for the construction of the
Billowing (collectively. the "Phase 11 Road improvements"):
( I ) Middle Entrance on U.S. Route 29 (Northside Drive East!SR
15 70 ):
(i) U.S. Route 29 Southbound — construction of a continuous
12 loot wide through lane (with shoulders or guard rail as may be required by VDOT) starting at
a point that is 1000 Feet north of the Middle entrance and extending to the point where it
connects with the portion of the lane constructed pursuant to Section 5.3.1(a)( I )(ii ).
(ii) I!.S. Route 29 Southbound - construction of dual left turn
lanes with taper.
(iii) U.S. Route 29 Southbound — construction of a right turn
lane with taper.
(iv) U.S. Route 29 Northbound — construction of a right hand
turn lane at the Middle Entrance. the geometries of which will be subject to VDOTapproval.
7
(y) U.S. Route 29 Northbound — construction of left turn lane
with taper.
(vi) SR 1570 Eastbound construction 01'0r restriping of' lanes
to result in separate left. through and right turn movements.
(vii) Entrance road Westbound installation of a traffic signal
with 8 phase timing, video detection and associated intersection improvements on U.S. Route 29.
(+x0(viii) Existing crossover at Cypress Drive — construction
to close the crossover.
(ix) Frontage road Isom Cypress Drive to SR 1570 —
construction of a public street to serve properties currently accessing U.S. Route 29 through
Cypress Drive.
(2) Northside Drive East between U.S. Route 39 and North Pointe
Boulevard as shown on Sheet D-l.
Completion of the Phase 11 Road Improvements. Within fifteen (15) months
after the issuance of the first building permit for a building within the lands subject to the first
subdivision plat or site plan that would authorize the aggregate commercial, office and hotel
gross fluor area as shown on Sheet A within the Project to exceed two hundred ninety thousand
("90,000) square feet, or prior to the issuance of a certificate of occupancy for any building that
causes such gross floor area to exceed two hundred ninety thousand (-290.000) square feet,
whichever is earlier. all of the Phase II Road Improvements shall be accepted by VDOT for
public use or bonded for VDOT's acceptance if such Road Improvements are a primary
highway, or accepted by VDOT for public use or bonded to the County for VDOT's acceptance
if such Road Improvements are a secondary highway.
(c) Phase III Road Improvements. Prior to the earliest of: (i) the approval
of the first subdivision plat or site plan that would authorize the aggregate number of dwelling
units within the Project to exceed five hundred thirty-three (533): (ii) the approval of a
subdivision plat or site plan for any development of either the Virginia Land Trust Property (Tax
Map 32. Parcel 22K) or the Jackson Trust Property (fax Map 33. Parcel 33H) or any portion
thereof. or ('iii) the live (5) year anniversary of the date of issuance of the first certificate of
occupancy for a building or premises within the Project. Owner shall obtain all associated
permits and post all associated bonds required for the construction of the following road
improvements to the extent any such road improvements have not already been completed:
Route 29:
with taper.
(U Northernmost Entrance (opposite Lewis R Clark Drive) on U.S.
(i) U.S. Route 29 Southbound — construction of left turn lane
fl
(ii) Northwest Passage from U.S. Route 29 to North Pointe
Boulevard.
(iii) U.S. Route 29 Northbound — construction of a right hand
turn lane. the geometries of which will be subject to VD01 approval.
(iv) Ifnot already constructed. North Pointe Boulevard between
Northside Drive East and Northwest Passage.
(v) If the traffic signal to be constructed by other's is in place
prior to Owner commencing work on this Northernmost Entrance. and such traffic signal only
includes three legs. Owner shall add the fourth leg to the signal, which shall include additional
must arms. signal heads and ancillary equipment necessary to support Northwest Passages use
of the intersection. as determined by VDOT. If such traffic signal is not in place and the
vehicular traffic generated by the Project causes the VDOT signal warrants to be met. and VDO1
requires that a traffic signal be installed as a condition of the entrance permit. Owner shall install
such traffic signal.
(2) Notwithstanding any other provision contained in this Proffer
Statement. within one hundred eighty (180) days after written notice from the County that it
intends to build an elementary school on the School Lot (as "School Lot" is defined in Section
9.1). the Owner shall submit road plans for the construction of Northwest Passage From North
Pointe Boulevard to U.S. Route 29 to VDOT and to the County for review. and when
satisfactory, approval. Furthermore, within twelve (12) months after issuance of the building
permit for construction of the elementary, school, and if not already completed. (honer will
complete (i) Northwest Passage from North Pointe Boulevard to L.S. Route 29. (ii) the
improvements set forth in Section 5.3.1(cNl) above, and (iii) North Pointe Boulevard From
Northside Drive East to Northwest Passage. To allow the development of the School Lot, the
Owner shall grant all temporary easements as necessary to allow ingress and egress for vehicles
and construction equipment, grading, the installation and maintenance of erosion and sediment
control structures or measures. and anv other associated construction easements. as such
temporary easements are shown on the subdivision plat or site plan for the School Lot and
mutually agreed to b� the Owner and the developer of the School Lot.
Completion of the Phase III Road Improvements. Within twelve (12) months
after the occurrence of the applicable event in Section 5.1.1(c) which required the Owner to
obtain all associated permits and post all associated bonds required for the construction of the
Phase III Road Improvements, all of the Phase III road improvements shall be accepted by
VDOT for public use or bonded for VDOT's acceptance if such Road Improvements are a
primary highway. or accepted by VDOT for public use or bonded to the County for VDOT's
acceptance il'such Road Improvements are a secondary highway.
>? Upon request by the County. Owner shall make a cash contribution to the County
or VDO I for the cost of a cable or wireless radio system that will link one or more of the signals
bentieen Lewis and Clark Drive and Airport Road; pruvided. however, that the total cash
contribution shall not exceed thirty-five thousand dollars ($».000). Subject to matters of force
7
majcure, if the County does not request the funds. or does request the funds but the construction
of the system does not begin by the later of December 31. 3010 or three (3) years after
completion of all of the Road Improvements, said funds shall be refunded to the Owner.
5.3.1 Prior to the approval of plans for improvements at any U.S. Route 39 intersection.
Owner shall provide VDOT traffic signal network timing plans that VDOT finds acceptably
address the impacts of the proposed traffic signals for peak traffic periods.
5.3.4 Regional Transportation Study; Cash Contribution. Upon request by the
('ounty. Owner shall make a cash contribution of one hundred thousand dollars ($100,000) to the
County for the purposes of funding a regional transportation study for the Route 39 corridor.
which includes the South Fork and North Fork of the Rivanna River and the I lollymead Growth
Area of which North Pointe is a part. The contribution shall be made within thirty 130) da'vs
after requested by the COttnty anytime after the rezoning is approved. If the request is not made
within one (1) year after the date of approval of the first final site plan for the first commercial
building within the Project, this proffer shall become null and void. If such cash contribution is
not expended for the stated purpose within three (1) years from the date the funds were
contributed to the County, all unexpended funds shall be refunded to the Owner.
VI. OPEN SPACE AREAS AND GREENWAY
6.1 Pedestrian Pathways. All pedestrian pathways shall be classified as shown on
the Pedestrian Pathway Key on Sheet G and, except for the pathways to be constructed by the
CUUntt', shall be shown on the subdivision plat or site plan for the underlying or adjacent lands
within the Project. The pathways shall be constructed by Owner as Class A or Class B trails as
identified on Sheet G. and in accordance with the applicable design and construction standards in
the County's Design Standards Manual. Such construction shall be in conjunction with the
improvements for the subdivision plat or site plan, as the case may be, and bonded with the
streets if the pathways are a subdivision improvement, or with a performance bond it' the
pathways are a site plan improvement. The pathway shown on Sheet G along Flat Branch north
and south of Northside Drive East shall not continue through a culvert if a culvert is used for the
stream crossing. The pathway intended for the culvert between Park E and Park F under North
Pointe Boulevard shall conform to the applicable standards in VDOT's "Subdivision Street
Guidance" and Owner shall maintain the pathway if it is not accepted by VDOT for
maintenance.
6.' Lake. Upon request by the County, Owner shall dedicate to the County the lake
shown on the .Application Plan for public use, provided that such lake will be available for use by
Owner for stormwater management as described in Sheet C to the Application Plan entitled
" Stormwater Management and Stream Conservation Plan" ("Sheet C").
VIL THIS SECTION INTENTIONALLY DELETED
10
Vill. PUBLICINFRASTRUCTURE AND FACILITIES PROFFERS
8.1 Branch Library.
(a) Upon request by the County, Owner shall dedicate 10 the County the fee
simple interest in the land shown on Sheet B as a library. consisting of a 15.000 square foot full\
graded pad site. with utilities. to accommodate a 12.500 square loot building Rutprint, a five
foot perimeter strip and up to a 25,000 square foot building. together with a nonexclusive
casement to the adjacent common area for ingress. egress, construction staging and sufficient
C.'uunty Code required parking, stormwater detention and water quality facilities for the location
of a freestanding .Jefferson -Madison Regional Library and such other uses that are compatible
with the proposed surrounding uses, as determined by the County (the "Library Lot").
Not" ithstanding the terms of the prior sentence to the contrary, ii' the requirements for the library
building require a larger building footprint. the Count1 may authorize the library building
footprint to be larger than as stated in the prior sentence. provided, however. that the sire of the
area shown as "Park H" on Sheet B ('`Park 1-i") and/or the size of' the adjacent parking area
immediately north of the Library Lot on Sheet B (the "Library Parking Lot") shall be adjusted
accordingly to accommodate such larger building footprint. The Owner shall not he responsible
for any utility tap fees. but Owner shall complete construction of the Library Parking Lot and
other parking areas seeing the Library Lot. The Owner shall permit the County to use the
Library Parking Lot and/or, if not already constructed. Part: H. for purposes of construction
staging. `within twelve (12) months after written notice from the Count that it intends to begin
construction of the library, the Owner shall make the access roads and the area of the I.ibran
Narking lot available with at least a four inch compacted stone base for use as access and
construction staging. Such street access serving the Library Lot and the Library Parking Lot
shall be completed and available for use no later than ten (10) months after issuance of the
building permit for the library.. provided, however, that asphalt pavement in areas used for
construction staging by the County shall not be required to be installed until thirty (30) days (or
such longer reasonable time as may be necessary due to weather conditions) after the County has
removed its construction -related materials and equipment. Upon the request of the County, Park
I I shall also be dedicated to public use, but the Owner shall not be responsible for maintaining
such park. Owner shall be responsible for maintenance of the Library Parking Lot and other
parking spaces serving the Library Lot and the County shall have no obligation to be a member
ol' any owner's association. The County's request for dedication of the land for the Library Lot
and Park 11 shall be made within three (3) years following the latter to occur of(i) issuance ofthe
first residential building permit within the Project, (ii) Owner's completion of the infrastructure
(including but not limited to streets, water, sewer.. electric. gas) required for the use of the
Library Lot. or (iii) December 31. 2010. Ifa request for such dedication is not made within three
(3) Years following the later of these dates, this proffer will be null and void.
fb) Green Roof. In the event that the requirements for the library building
require a larger building footprint. and the County elects to authorize the library building
liiotprint to he larger than 12.500 square feet pursuant to section S.i(a) above, and in the further
cyent that the building is developed as a condominium and the County requests the Owner to
assume ownership for a portion of the larger building. Owner shall accept such ownership at a
reasonable price upon which the parties may mutually agree. and shall contribute to the Count}.
on a pro rata basis based on the proportional size of the portion of the library building owned by
the Owner relative to the size of the library building as a whole, the cost of designing and
constructing such building. These costs may include, if desired by the County. installation of a
-green roof," and any additional expenses associated with structurally reinforcing the roof as
necessary to support the green roof. Within ten (10) days after receipt of a request for payment
by the County that is accompanied by documentation to support the progress payment amount as
provided in the construction contract, the Owner shall submit such payments to the County.
Alternatively, in the event the County elects to design the library building as a Leadership in
Energy and Environmental Design ("LEED") building, the Owner shall contribute to the County,
on a pro rata basis based on the proportional size of the portion of the librar building owned by
the Owner relative to the size of the library building as a whole, the additional costs of
constructing the library building to obtain LEED certification for the building. Within ten (10)
days after receipt of a request for payment by the County that is accompanied by documentation
to support the progress payment amount as provided in the construction contract. the Owner shall
submit such payments to the County. The design of the green roof, or the criteria utilized to
obtain the LEED certification, as applicable, shall be in the County's discretion.
S.2 Affordable Housing. Subject to the terms and conditions of this Section
8 2, the Owner shall provide a minimum of forty (40) "for -sale" residential dwelling units as
affordable dwelling units, a minimum of sixty six (66) "for -rent" residential dwelling units as
affordable dwelling units. and a minimum of four (4) Carriage House Units (as Carriage House
Units are defined in Section 8.2(d)). The forty (40) "for -sale" residential dwelling units shall be
comprised of the following types of dwelling units: twelve (12) from multi -family; twelve (12)
from "other" (consisting of townhouses, duplexes. attached housing, condominiums in the
commercial areas and other unidentified housing types); and sixteen (16) from single family
detached. each at the sale prices and under the terms and conditions set forth in this Section 8.2.
The Owner shall convey the responsibility of constructing the affordable units to the subsequent
owners of lots within the Property.
(a) Multi -Family and "Other' For -Sale Affordable Units. For multi -family
and -other" for -sale affordable dwelling units within the Property, such affordable units shall be
affordable to households with incomes less than eighty percent (80%) of the area median family
income (the "Affordable Unit Qualifying Income"), such that the housing costs consisting of
principal, interest, real estate taxes and homeowners insurance (PITI) do not exceed thirty
percent (+01,u) of the Affordable Unit Qualifying ]ncome, provided, however, that in no event
shall the selling price of such affordable units be less than the greater of One Hundred Ninety
Thousand Four Hundred Dollars ($190,400) or sixty-five percent (65%) of the applicable
Virginia Housing Development Authority ("VHDA") maximum mortgage for first-time home
buyers at the beginning of the 90-day identification and qualification period referenced in
Section 8 2(f).
(b) Single Family Detached For -Sale Affordable Units ("Moderate]' -Priced
Units" . For single family detached for -sale affordable units within the Property ("Moderately -
Priced Units'), such Moderately -Priced Units shall be affordable to households with incomes
less than one hundred twenty percent (11-01 ) of the area median family income (the
"Moderateh-Priced Unit Qualifying Income"), such that the housing costs consisting of I'll'] do
12
nut eXceecl thirty percent (30",o) of the Moderately -Priced Unit Qualifying Income, provided.
hu%Ncvcr. that in no event shall the selling price of* such Moderately -Priced Units be required to
be less than the greater of Two Hundred Thirty Eight Thousand Dollars ($" 38.000) or eighty
percent (80"6) of the applicable VHDA maximum mortgage for first-time home buyers at the
beginning of the 90-dap identification and qualification period referenced in Section 8.3(f).
(c) For -Rent Affordable Units. For a period of' ftve (5) years following the date
the certificate of occupancy is issued by the County for each for -rent affordable unit, or until the
units are sold as IoN or moderate cost units qualifying as such under either the Virginia (lousing
Development Authority. Farmers Home Administration, or Housing and Urban Development.
Section S. whichever comes first (the ".Affordable Term"), such units shall be rented to
households with incomes less than the Affordable Unit Qualifying Income. No for -rent
affordable unit may be counted more than once towards the number of for -rent allordablc
dwelling units required by this Section 8.2.
(i) Convevance of Interest. All deeds comrving any interest in the liu-
rent affordable units during the Affordable Term shall contain language reciting that such unit is
subject to the terms ol'this Section 8?(c). In addition. all contracts pertaining to a conveyance of
any liar -rent affordable unit, or any part thereof, during the Affordable "Term, shall contain a
complete
and full disclosure of the restrictions and controls established by this Section 8?(c).
Prior to the conveyance ofn ainterest in any for -rent affordable unit during the Affordable
m 1 cr, the then -current owner shall notify the County in writing of the conveyance and provide
the name. address and telephone number of the potential grantee, and state that the requirements
of this Section 8.2(c)(i) have been satisfied.
(ii). Annual Reporting. During the Affordable Terns and within ninety
(90) days following the end of each calendar year, the then -current owner shall provide to the
Albemarle County Housing Office a certified annual report of all for -rent affordable units for the
immediately preceding year in a form and substance reasonably acceptable to the County
l lousing Office. Subject to all federal, state and local housing laws, and upon reasonable notice
during the .Affordable Term. the then -current Owner shall make available to the County at the
then -current Owner's premises, il'requested. any reports, copies of rental or lease agreements, or
other data pertaining to rental rates as the County may reasonably require.
(d) Carriage House Units. Carriage House Units shall meet the requirements
Ior a single family dwelling as defined in the Virginia Uniform Statewide Building Code, shall
be on the same parcel as the priman dwelling unit to which it is accessory, and shall not be
subdivided from the primary residence ('-Carriage I -louse Units"). The subdivision restriction
Shall he included on the plat creative such parcels and be incorporated into each deed conveying
title to such parcels.
(e) Each subdivision plat and site plan for land within the Property which
includes afordable units (which. for this Section 8?(e) shall include Moderatel -Priced Units)
shall designate the lots or units, as applicable. that will. subject to the terms and conditions of
this prullcr. incorporate affordable units as described herein. The first such subdivision plat or
site plan shall include a minimum of three (3) such affordable units. Thereafter. and until the
I�
total number of affordable dwelling units proffered hereunder shall have been fulfilled.. the
Owner shall provide a minimum of three (3) such affordable dwelling units per year. Each final
subdivision plat and final site plan also shall include a running total of the number and
percentage of affordable units previously provided and proposed to be provided by the
subdivision plat or site plan. For purposes ol'this Section 8.2(e), such units shall be deemed to
hayc been provided when the subsequent owner"builder provides written notice to the County
I lousing Office or its designee that the unit(s) will be available for sale, as required by Section
8 2(f) below. In the event that the Owner provides more than three (3) affordable dwelling units
in a single year. the Owner may "carry over" or "bank' credits for such affordable units, such
that the additional affordable units which exceed the minimum annual requirement may be
allocated toward the minimum number of affordable units required to be provided for any future
Year. The maximum number of affordable units that may be carried over or banked shall not
exceed twelve (12) per year. Notwithstanding the terms of this Section 8.2(e) to the contrary.
upon the written request of the Owner, the County may authorize an alternative process and/or
schedule for the provision and/or delivery of such affordable units upon a determination that the
request is in general accord with the purpose and intent of Section 8.2 and/or otherwise furthers
the goals of providing affordable housing in the County.
(1) All purchasers of the for -sale affordable units shall be approved by the
Albemarle County Housing Office or its designee. The subsequent owner/builder shall provide
the County or its designee a period of ninety (90) days to identify and prequalifv an eligible
Purchaser for the affordable unit. The ninety (90)-day period shall commence upon written notice
from the then -current owner/builder that the unit(s) will be available for sale. If the County or its
designee does not provide a qualified purchaser who executes a contract of purchase during this
ninety (90)-day period, the then -current owner builder shall have the right to sell the unit(s)
without any restriction on sales price or income of the purchaser(s), provided, however, that any
units) sold without such restriction shall nevertheless be counted toward the number of
affordable units required to be provided pursuant to this terns of this Section 8.2. The
requirements of this Section 8.2 shall apply only to the first sale of each of the affordable units.
(g) The County shall have the right, from time to time, on reasonable notice
and subject to all applicable privacy laws, to inspect the records of Owner or any successors in
interest for the purposes of assuring compliance with this proffer.
(h) Cash Proffer. Within sixty (60) days after the Board of Supervisors
approval of ZMA 2000-009, the Owner shall cause to be contributed three hundred thousand
dollars ($300,000) cash to the County of Albemarle for the Albemarle Housing initiative Fund or
such other similar fund as may be established or authorized by the County. The contribution
shall be to fund affordable home ownership loan programs within the Project and other areas of
Albemarle County, including those provided by non-profit housing agencies such as the
Piedmont Housing .Alliance, Habitat for Humanity, and the Albemarle Housing improvement
Program. 11'such cash contribution is not expended for the stated purpose within five (5) years
from the date the funds were contributed to the County, all unexpended funds shall be refunded
to the Owner.
14
IX. EDUCATIONAL AND OTHER PUBLIC FACILITIES
9.1 Elementay School Site. Within two hundred seventy (270) days following
request b� the County, Owner shall dedicate to the County the land shown on the Application
Plan as "HementarN School 12.85 Acres Schematic Layout", consisting of approximately 121.85
acres (or a smaller portion of such land in the Count\'s sole discretion) (the "School Lot"). Prior
to dedication. the School Lot shall be graded and compacted by Owner to a minimum of 95".0
compaction as measured by a standard Proctor test with suitable material fin- building
construction as certified by a professional engineer or as otherwise approved by the County
Lnuineer to establish a fully graded pad site to accommodate an elementary school. The
recreational field improvements shown on the Application Plan shall be fine eraded and have top
soil and soil amendments added, and the mains for an underground irrigation system serving the
recreational fields shall be installed. Such improvements shall be reasonable equivalent to those
existine at the recreational fields at Balser -Butler Elementary School. exclusive of any above
ground improvements. The pedestrian pathways as shown on the perimeter of the School Lot on
the Application Plan shall be reflected on the subdivision plat prepared by Owner creating the
School Lot and the pathways shall be installed when the site is graded for the recreation fields.
The Owner shall provide all utilities to the School Lot. The dedication shall include easements
across Owner's land for access to and use of Storm Rater Basins 5 and 10 shown on the
Application Plan. together with all temporary construction easements to allow Stornnwaler Basin
10 to be redesigned and enlarged. if necessan. to accommodate the School Lot stormwater. The
School Lot shall be used as an elementary school site, but if the CoumN determines that the
School Lot will not be used as an elementary school site, it shall be used by the Count\ for part:
and recreational purposes serving both the North Pointe community and the region. If' the
County hoes not request by December 11, 2010 that the School Lot be dedicated, the Owner
shall be under no further obligation to dedicate the School Lot for the purpose described herein.
bill shall. by .lanuar 30. -011, contribute five hundred thousand dollars (S500.000) cash to the
County to be used by the County for projects identified in the County's CIP reasonably related to
the needs of the North Pointe community. and in such event the School Lot may be used lot -
other residential purposes as approved by the County after request by Owner for an amendment
to the Application Plan. After dedication and before the County uses the School Lot for a school
or for part: and recreational purposes, and if requested by the County, Owner shall maintain the
School Lot until requested by the County to no longer do so. subject to the Owner's right to
exclusive use ol'the School Lot for park and recreational purposes, Such park and recreational
purposes shall be only those uses shown on an approved final site plan or subdivision plat for the
urea that includes the School Lot. Upon being requested by the County. Owner shall cease all
use and maintenance of the School Lot and remove all improvements established by Owner that
the County requests be removed. The County shall not be obligated to pay Owner firr any
improvements established by Owner that the County retains. The deed of dedication for the
School Lot shall provide that if the County accepts title to the School Lot and then does not
construct either a part: or a school within twenty (20) years following the dale the Board of
Supervisors approves %MA 2000-009. then upon Owner's request title to the School Lot shall be
transferred to Owner at no expense to Owner.
15
9? Bus Stop Turnoffs Bus Stop lnrnrovements and Bus Service.
(a) Owner shall construct ten (10) public bus stop turnoffs as shown on the
Application Plan. or otherwise two (2) in the southernmost residential area, four (4) in the
commercial areas and four (4) in the other residential areas, each in a location mutually
acceptable to Owner and the County. The bus stop turnoffs shall be approved with street
construction plans for the Project and bonded and constructed with the streets.
(b) Upon the request by the County.. Owner shall contribute the total sum of
lwent� five thousand dollars ($25.000) cash towards the design and construction of the above
ground bus stop improvements such as benches and shelters meeting standards established by the
County at each bus stop. If the County does not request the funds. or requests the funds but does
not construct the bus stop improvements by the later of December 31. 2015 or three (3) years
after completion of the road network that includes the bus stop turnoffs, then subject to matters
of force majeure, the unexpended funds shall, in the discretion of the County. either be returned
to Owner or applied to a project identified in the County's capital improvements program within
or adjacent to the Project that benefits the Project.
(c) Within thirty (30) days after the introduction of public transportation to
the Project, Owner shall contribute twenty-five thousand dollars ($25,000) cash to the County to
be used for operating expenses related to such service, and shall thereafter annually contribute
Twenty -Five Thousand Dollars ($25,000) cash to the County to be used for operating expenses
related to such service for a period of nine (9) additional years. such that the total funds
contributed to the County pursuant to this Section 9.2(c) shall not exceed Two Hundred Fifty
Thousand Dollars ($250.000). if the introduction of public transportation to the Project does not
commence by the later of ten (10) years after the Board of Supervisors approves ZMA 2000-009,
or seven (7) years after the date of the issuance of the first certificate of occupancy for the first
commercial building within the Project, this Section 9.2(c) shall become null and void.
X. ACCESS TO ADJACENT PROPERTIES
10.1 Dedication of Right -of -Way -Extension to Parcel 22E. Unless the dedication
of public right-of-way and the construction of such street are required in conjunction with the
approval of a subdivision plat under Albemarle County Code § 14-409 and related sections, or
their successors:
Owner shall reserve the fifty (50) foot wide right-of-way located within the area shown
on Shecl B and identified as a " 50' R.O.W. Reserved for Future Dedication" connecting a right-
of-way from the proposed middle entrance road into North Pointe to the southern property line oh
"fax Map 32, Parcel 22E ("TMP 32-22E"). Prior to the issuance of a building permit for
Building 32 as shown on the Application Plan, Owner shall record in the Clerk's Office of the
Circuit Court of Albemarle County, a current, irrevocable deed of dedication dedicating to public
use for road purposes, the area labeled "50' R.O.W. Reserved for Future Dedication.' Owner
acknowledges that if it is not part of a subdivision plat approved by the County, such offer of
dedication must be first reviewed and approved by the Board of Supervisors and accepted by the
Board. Such deed of dedication shall include the following conditions: (i) that TMP 32-22E
16
shall have been upzoiied; and (ii) that prior to its use for road purposes. there shall have been
constructed on the land so dedicated a road approved bN the County and accepted by VDOT for
public use or bonded for VDOT's acceptance. At the time of the construction ol'the access road
scr\'ing Building 33. the Owner shall construct the intersection curb radii or the road serving
IMP 3'-22B and extend construction of such road for at least a minimum of one hundred ( 100)
feet from Northside Drive East, The Owner shall also place at the end of such extended road. a
sien.. approved by the Count\'. advising and notifying the public that such right-of-waN is the
location of a future road extension. Owner shall grant temporary construction easements as
determined necessary by the County Engineer to allow for the road to be extended to TMP 32-
22fi. which construction easements shall be on Owner's property and outside of the dedicated
right-of-waN. and shall be established by the applicable site plan. No improvements shall he
located within the temporary construction easements until construction of such road has been
completed.
10.2 Access to Tax Man 32A, Section 2, Parcel 4 (current Northwoods Mobile
Home Park Properh'). Unless the dedication of public right-of-way and the construction of
such street are required in conjunction with the approval of a subdivision plat under Albemarle
County Code ti 14-40c) and related sections, or their successors:
Owner shall reserve an area in the location labeled "50' R.O.W. Reserved for Future
Dedication" at the eastern end of the main commercial access road from U.S. Route 19 on Sheet
13 !`or access to I ax Map 33A. Section 3, Parcel 4 ("TMP 321A 2 4"). Prior to the issuance ol' a
huilding permit for Building 6 or Buildings V1 through V6.. each as shown on the Application
Plan. whichever is earlier, Owner shall record in the Clerk's Office of the Circuit Court of
Albemarle County. a current, irrevocable deed of dedication dedicating to public use for road
purposes. the area labeled "50' R.O.W. Reserved for Future Dedication." Owner acknowledges
that il' it is not part of'a subdivision plat approved by the County, such Offer of dedication must
be first reviewed and approved by the Board of Supervisors and accepted by the Board. Such
deed of dedication shall include the following conditions: (i) that TMP 32A-2-4 shall have been
upzoncd: and (ii) that prior to its use for road purposes. there shall have been constructed on the
land so dedicated a road approved by the County and accepted by VDOT for public use or
bonded fur VDOT's acceptance. Al the time of the construction of the roundabout ser\'ing
Building 6 and Buildings V1 through V6 the Owner shall construct the intersection curb radii
and extend construction of the road for a distance of at least thirty feet beyond the roundabout.
The Owner shall also place at the end of such extended road, a sign, approved b\ the County.
advising and notifying the public that such right-of-waN is the location of a future road extension.
AHer dedication and before the conditions of the dedication have been satisfied. and i1'requested
b\ the Count\, (honer shall maintain the dedicated land until requested b) the County to no
longer do SO. subject to the Owner's right to exclusive use of the dedicated land for park.
recreational, and'or greenspace purposes. Upon being requested by the County. Owner shall
cease all use and maintenance of the dedicated land and remove all improvements established by
Owner of any) that the County requests be removed. Owner shall grant temporary construction
easements as determined necessary by the County Engineer to allow for the road to he extended
to TMP 32A-'-4. which construction easements shall be on Owner's property and outside of the
dedicated right-ul=way. and shall be established by the applicable site plan. No improvements
17
shall be located within the temporary construction easements until construction Of' Such road has
been completed.
X1. SIGNATORY
12.1 Certificate. The undersigned certify that they are the only owners of the Property,
which is the subject ol'ZMA-2000-04 and SP 2002-72,
12.2 The Owner. These proffers shall run with the Property and each reference to
Owner within these proffers shall include within its meaning, and shall be binding upon.
Owner's successor(s) in interest and/or the developer(s) of the Property or any portion of the
Property.
(Signature Pages Immediately Follow)
M
This Proffer Statement ma- be signed it; counterpane and/or via facsimile with Lhe same
full force and effect as if all signatures were ori^_inal and on one document.
SiLmatures of Contract Purchaser and All Owners
Contract Purchaser: NORTH POLNTE C �'ILLF LLC
J.tiARLf��T
By: Great
Bv.
� nza-J�.t.�` £ ci
Date: L1l ` --r-
COMMONWEALTH OF VIRGLNLA
CITY OF CHARLOTTESVILLE
The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that
Charles Rotgin, Jr., whose name as President of Great Eastern Management Company, toager
of North Pointe Charlottesville, LLC, a Virginia limited liability company,
is signedmthe
ent bearing the date as of.SU�
2006, acknowledged the same
foregoing Proffer State
before me in my jurisdiction aforesaid on behalf of said ted liability company.
Given under my hand tlusal5+ day of J `�1 1�12 006.
My commission expires: h0-(
'SEAL] otary Publtc
I
VIRGINIA LAND TRUST
BY its: Trustee
Date:
COMMONVdEALTH OF VIRGINIA
COUNTY OF ALBEMARLE
The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that
Charles William Hurt, whose name as Trustee of Virginia Ladnd Tate rustof Virgjru Oland trust, its
ent signed to the foregoing Proffer State urisdibearing
on aforesaid on behalf of sai((d Trust.
acknowledged the same before me in my j
Given under my hand this day of
�, 2006.
My commissionrexpiress: a—L. VL" 3o Zo�O.�q
[SEAL] Notary Public
20 24
\']OLET HILL ASSC CI ATE/S, L.L.C.
its: Manager
Date: I
CO1,'f_v1OXV,rF.ALTH OF VIRG1NLA
COUNTY OF ALBEMARLE
and The undersigned ose namePublic
iManagerrofeViolei Hill nAssociates, aforesaid hL.L,CCeaiVirmniat
Charles William Hurt
an}'. is signed to the Proffer Statement bearing the date as of jti.1�2_O
limited liability comp _
limited
in my' jurisdiction aforesaid on behalf of said limited
m0acknowledged the same before me
liability company. 04
Given under my hand this day of J -006.
My commission expires:
[SEAL]
Notary Public
Date:
.i
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEN ARLE
CWFI PROPERTIES LIMITED PARTNERSHIP
��.
its: General Pattner
The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that
Charles William Hurt, whose name as General Partner of CWH Properties Limited Partnership, a
Virginia limited partnership, is signed to the foregoing Proffer Statement bearing the date as of
jA Zo in my jurisdiction aforesaid on behalf of
2006, acknowledged the same before me
said partnership.
Given under my hand this Z qf day of J 2006.
My commission expires: lice= 3a 2nc7R
[SEAL] Notary Public
EDWARD R. JACKSON TRUST
BN•: Bank of.america. NA. Trustee
its:
Date:
COI,�OXV,,E_kLTH OF VIRGLNIA
CITY OF CHARLOTTESVILLE
f�1 The undersigned Notary Public in and for the jurisdiction aforesaid erebv certifies that
A r2 �� whose name as ed to the �1aoin of
Bank of America, N.A, t, is sign
Trustee of the Ed� and R. 00fi Sa lmowledged the same before meP n Proffer
Statement bearing the date as of 7/. /
jurisdiction aforesaid on behalf of saiA Trust.
2006.
Given under my hand this ist da Yof
My commission expires:
/ �aa
i
[SE.AL] Notary blic
odtEA275754.I 7
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COUNTY OF ALBEMARLE
Community Development Department
401 McIntire Road
Charlottesville, Virginia 229024579
FAX (434) 9724126 TELEPHONE (434) 296-5832 TTD (434) 972-4012
September 21, 2020
Stewart Wright
3540 Pritchett Lane
Charlottesville, VA 22911
RE: OFFICIAL DETERMINATION OF NO VIOLATION FOUND (ZVI0202000249)
North Pointe / Violet Hill Associates
P.O. Box 5526
Charlottesville, VA 22905-5526
Tax Map 32 Parcels 20, 20a, 20a I, 20a2, 200, 22h, 22k, 23, 23a, 23b, 23c,
23d, 23e, 23f, 23g, 23h, 23j, and 29i (collectively - The Property)
Dear Mr. Wright:
In response to your multiple concerns provided personally and in writing on several different occasions with various staff
members, County staff have investigated the Property described above. Based on inspections of the Property and the evidence
available, I have concluded that utilizing access points for construction from Pritchett Lane is permitted.
Therefore, it is my official determination that the construction access points on Pritchett Lane are compliant with the zoning
ordinance and special use permit condition 9 (SP2002-072 attached).
Anyone aggrieved by this determination may appeal it within thirty (30) days of this notice, in accordance with Virginia Code §
15.2-2311. Any determination not so appealed is final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in
accordance with Albemarle County Code § 18-34.3, along with a fee of S258. Additionally, a separate fee is required for the cost
of providing notice and advertising of the appeal for a public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community
Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
htir)s://www.albeinai-le.orp/home/showdocuinent?id=216 This form applies to appeals of decisions of the zoning administrator
or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in Albemarle County Code § 18-
34.3, which may be reviewed online at
https://Iibrarv.municodecom/va/albemarle county/codes/code of ordinances?nodeld=CH18ZO ARTIVPR S34BOZOAP S34
.3APORREDEDEBOZOAP.
Sincerely,
Bart J. Svoboda
Zoning Administrator
County of Albemarle, Virginia
CC: North Pointe/ Violet Hill Associates
04�rvdwxavr D
FOR OFFICE USE ONLY AP # J().31) e)e;Zj e SIGN #
ZONING ORDINANCE SECTION:
Fee Amount $ -Date Paid B) �%W Receipt # CkH By
iw u.
Application for a=
Appeal of Zoning Administrator's Determination Mall,
4 Appeal of Zoning Administrator's Determination = $258
FEES to be paid after staff review for Public notice:
Appeals of the Zoning Administrator require a public hearing by the Board of Zoning Appeals.
Virginia State Code requires that notice for public hearings be made by publishing a legal
advertisement in the newspaper and by mailing letters to adjacent property owners.
The total fee for public notice will be provided to the applicant after the final cost is determined and
must be paid before the application is heard by a public body. Staff estimates the total cost of legal
advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects
the average cost of public notice fees, but the cost of certain applications may be higher.
➢ Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual
cost of first-class postage
➢ Legal advertisement (published twice in the newspaper for each public Actual cost
hearing) (averages between $150 and $250)
Contact Person (Who should we call/write concerning this project?):. _2--ew-.g4 kt
Address 35-yo }ter i-f'c_�1c Lhr�a. City! / i / ' / 9
C--�'I>q 1DU/lI e State ✓ I� Zip �- / I
Daytime Phone 6�31) y7-2.-_7/1 3 Fax #
/� E-mail /NIR/)/f,f �7#�, ou E I, c-o/K
Owner of Record JTtit .IAY �. I r. d /. f
.14 l�yCity
/ )
Address_C c 4461 City(�jgyo Ull State U4 Zip 2Z ll
Daytime Phone &.M 7113 Fax #
E-mail /t1AVC✓� Z1)U7 iq lalil.GdAM
// (-
Applicant (Who is the Contact person representing?): S,QM � ct S f(bo vz� 61
Address City State Zip
Daytime Phone (_-) Fax #
(-_) E-mail
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 11/1/2015 Page I oft
Project Name: Nor-r / d; A4, rr
Tax map and parcel:1�r f Ce�S �'icl% I� 10" ✓ Zoning; �/
Physical Street Address (if assigned):
at a&V J1'e5S 4�� /g
Location ofRroperty (landmarks, intersections, or other? �
aiorf! 5+ n'r02 %.i2. 6r=�,�ee �_�fi� �i �✓orT I a.j rri�C/�xf� /nrJe
/
The following information shall be submitted with the application and is to be provided by the applicant:
1) Completed application including subject of appeal.
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information or submit an attached sheet.
3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat.
4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions
for the situation that may justify the appeal.
5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal.
6) Appropriate fee made payable to the County of Albemarle.
Explanation of error indetermination and justification of applicant's position:
.441ASAMiW'
Owner/Applicant Must Read and Sign
I hereby certify that the information provided on this application and accompanying information is accurate, true
and correct to the best of my knowledge and belief.
Date: �d��yZc�
Signature of Owner or Con t Purchaser, Agent
Print Name Daytime phone number of Signatory
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's signature: Date:
Revised 11/1/2015 Page 2 or2
Subject Of Appeal - Noncompliance with conditions of SP 202-72
Justification for applicant's position, including error in Zoning Administrator's determination:
The Zoning Administrator determined that the construction access points on Pritchett Lane are
compliant with the zoning ordinace and the conditions of Special Use Permit 2002-72 regarding
extensions to Pritchett Lane. That is an error. Temporary construction easements are not a
stated allowed type of extension to Pritchett Lane in the conditions of the special use permit.
The County permitted an additional type of extension to Pritchett Lane when they approved the
temporary construction easements. The resulting massive amount of construction traffic
allowed by the temporary construction easement also greatly intensified the use of the
emergency access easement well beyond what the special use permit allowed. The County
cannot administratively amend a special use permit. Therefore, to add a new type of extension
and intensify the use of a previously approved extension to Pritchett Lane the developer should
have been required to amend the special use permit.
Relevant Zoning Ordinance sections or other applicable regulations:
Chapter 18, Section 33.8
Special Use Permit 2002-72 conditions
also 18.3, 25A.2.1, and 25A.4.1
-- 4¢ rwewmur E
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
July 18, 2002
William A. or Jill Trischman-Marks
5026 Burnley Lane
Barboursville, VA 22923
RE: SP-02-17 Marks Construction; Tax Map 22, Parcel 28A
Dear Mr. & Mrs. Marks:
The Albemarle County Board of Supervisors, at its meeting on July 10, 2002, unanimously approved the
above -noted request. Please note that this approval is subject to the following conditions:
1. There shall be no on -site sales.
2. There shall be no outdoor storage of materials.
3. All solvents/paints shall be disposed of, in accordance with all applicable hazardous waste
regulations.
4. All production activity of custom-made furniture shall occur within the designated workshop;
5. The workshop shall not exceed 1,152 square feet, as shown on Attachment A (on file in
Clerk's office).
6. The applicant shall obtain a Zoning Clearance for this use within sixty (60) days of approval
or this special use permit shall expire.
In the event that the use, structure or activity for which this special use permit is issued shall not be
commenced within twenty-four (24) months after the issuance of such permit, the same shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section,
the term "commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the issuance.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the
Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further
information, please call Jan Sprinkle at 296-5832.
If you should have any questions or comments regarding the above -noted action, please do not hesitate
to contact me.
Sincerely,
V. Wayne Cilim erg
Director of Plan ling & Co munity Deve pment
VWC/jcf
Cc: Amelia McCulley Jack Kelsey Tex Weaver
Steve Allshouse Matt Grimes, VDOT
,sr.4e*,V&- 7- Z'
Original Proffers X
Amendment
PROFFER STATEMENT
ZMA No. 2016-09
Tax Map and Parcel Number(s): 04500-00-00-112EOr 04500-00-00-11200
Owner(s) of Record: Brian J, McMahon & Stephen K von Storch (TMP 04500-00-00-112E0)
Stuard R Wood (TMP 04500-00-00-11200)
Date of Proffer Signature: December 9, 2016
4.428 acres to be rezoned from R-6 Residential to HC - Highway Commercial with restrictions.
Brian J, McMahon & Stephen K von Storch (TMP 04500-00-00-112E0) Stuard R Wood (TMP 04500-00-
00-11200)
are the owners (the "Owners") of Tax Map and Parcels 04500-00-00-112EO and 04500-00-00-11200
(the "Property") which is the subject of rezoning application ZMA No. 2016-09, a project known as the Wood
von Storch Rezoning (the "Project").
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the
conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified
above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the
conditions are reasonable.
The Owners shall construct improvements on the Property in general accordance with the Concept
Plan prepared by Stoneking von Storch Architects entitled "3400 Berkmar Drive Concept Plan" dated
November 16, 2016 which is attached hereto and other applicable County zoning and site plan
requirements as determined by the Director of Planning and the Zoning Administrator. To be in
general accord with the Concept Plan, future development shall reflect the following major elements as
shown on the Concept Plan:
a. Primary Development Zone - Fronting on Berkman Drive and extending into the
collective properties approximately 50% of the total property depth. Within the
Primary Development Zone, buildings shall have relegated parking as defined in proffer
7 below and pedestrian access from Berkmar Drive.
b. Frontage Zone - An area fronting on Berkman Drive of approximately 378 feet, in
which buildings must occupy a minimum of thirty-five percent (35"/o) of the total
Frontage Zone and provide for pedestrian access from Berkmar Drive.
c. Cemetery Zone - An area at the northwestern corner of the site, along Berknnn• Drive
in which a preexisting cemetery has been identified and shall be preserved or removed
in accordance with the laws of the State of Virginia.
d. Reservation Areas - An area along Berkmar Drive between the existing right-of-way
and a building setback line measured on the property, 44 feet from the Center Line of
the Berkmar Drive Right and a 40 foot wide area along the northern property boundary
as shown on the Concept Plan, subject to the terms in proffers 6 and 8 below.
2. a) The following by right uses in Highway Commercial (HQ zoning shall not be permitted:
i.
Pipe and tobacco shops
ii.
Barber/Beauty shops
iii.
Laundromats
iv.
Farmer's Markets
v.
Funeral Homes
vi.
Wayside Stands
vii.
Hospitals
viii.
Restaurant drive thru windows
b) The following use shall be restricted:
i.
Cemeteries — The existing cemetery shall not be expanded.
ii.
Mini -storage — Shall be limited to the Secondary Development Zone or the upper floors
within the Primary Development Zone,
3. Retail uses will be limited to no more than 25,000 square feet of the total floor area built on the
site. This represents approximately 25% of the projected total floor area projected to be built on the
Property.
4. Eating establishments built on the property shall be limited to 1,500 square feet or less per
establishment.
5. Residential uses shall be secondary and limited to the upper floors of multi -story buildings
6. Owners shall reserve an area along the Berkmar Drive frontage between the edge of the
existing right-of-way and a building setback line measured on the property, 44 feet from the Center
Line of the Berkmar Drive Right of Way (Reserved Area) until the Small Area Plan for Berkmar
Drive is completed. This reservation, or a portion thereof, will terminate upon determination by the
County in the Small Area Plan that some or all of such Reserved Area is not needed (The Reservation
Period). The Reserved Area shall remain free of buildings or other obstructions during the Reservation
Period. However, the Owners reserve the right to construct turn and taper lane improvements within
the Reserved Area. If the determination of the County in the Small Area Plan is that the Reserved
Area, or a portion thereof, will be needed for future Berkmar widening or improvements, then the
Reserved Area, or a portion thereof, shall be dedicated to the County upon demand.
7. The Owner shall restrict parking uses to the side or rear of buildings within the Primary
Development Zone. The front minimum parking setbacks shall be no closer to the right-of-way than
any existing or proposed primary structure in the Primary Development Zone.
8. Owners shall reserve an area 40 feet wide along the northern property boundary as shown on
the Concept Plan until the Small Area Plan for Berkmar Drive is completed_ This reservation, or a
portion thereof, will terminate upon determination by the County in the Small Area Plan that some or
all of such Reserved Area is not needed but not Iater than January 1, 2020 (The Reservation Period).
The Reserved Area shall remain free of buildings or other significant obstructions during the
Reservation Period. However, the Owners reserve the right to construct parking lots within the
Reserved Area If the determination of the County in the Small Area Plan is that the Reserved Area,
or a portion thereof, will be needed for a future connector road from Berkman Drive to Rte 29, then the
Reserved Area, or a portion thereof, may be acquired by the County or VDOT for such purpose.
9. Owner shall delineate the boundaries of the cemetery identified on the Concept Flan and submit
a treatment plan for such cemetery for approval by the County Director of Community Development,
or designee at the plan or plat review stage of any development on the property which could impact the
cemetery,
OWNERS:
Brian
i
Stephen K.von
Robin M. Wood
9. Owner shall delineate the boundaries of the cemetery identified on the Concept Plan and submit
a treatment plan for such cemetery for approval by the County Director of Community Development,
or designee at the plan or plat review stage of any development on the property which could impact the
cemetery.
OWNERS:
Brian I McMahon
Stephen & von Storch
Robin M. Wood
PROFFER STATEMENT
RIVANNA VILLAGE
Date: June 13, 2014
ZMA #: 2013-00012
Tax Map Parcel#: 07900-00-00-025A0,08000-00-00-04600,08000-00-00-046A0,08000-
00-00-046C0,08000-00-00-046D0,08000-00-00-046E0,08000-00-00-
05000, 08000-00-00-05100, 08000-00-00-052A0, 08000-00-00-055A0,
093A1-00-00-00300, 093A1-00-00-00400, & 093A1-00-00-00200 (the
"Property")
Rezone two parcels totaling 1.76 acres from Rural Areas (RA) to Neighborhood Model
Development (NMD), and rezone eleven parcels totaling 93.0 acres (by current plat, or 94.05
acres by County Assessor's records) from NMD to NMD.
Total Land Area: 94.76 acres by current plat (95.81 acres by County Assessor's Records)
Pursuant to Sections 33.4 and 33.7 of the Albemarle County Zoning Ordinance, the Owner
hereby voluntarily proffers the conditions listed herein below which shall be applied to Rivanna
Village (hereinafter the `Property") if the Zoning Map Amendment (hereinafter the "ZMA") is
approved by the County of Albemarle (the "County"). These conditions are proffered as a part
of the requested ZMA and it is agreed that: (1) the ZMA itself gives rise to the need for the
conditions, and (2) such conditions have a reasonable relation to the rezoning requested.
The term "Owner" as referenced herein shall mean the owner of record and successors in interest
of parcels 07900-00-00-025A0, 08000-00-00-04600, 08000-00-00-046A0, 08000-00-00-046CO3
08000-00-00-046D0,08000-00-00-046E0,08000-00-00-05000,08000-00-00-05100,08000-00-
00-052A0, 08000-00-00-055A0, 093A1-00-00-00300, and 093A1-00-00-00400.
Although tax map parcel 093A 1-00-00-00200 is part of the Property that is subject to the ZMA,
neither such parcel, nor the owner thereof shall be subject to the terms, conditions, and
obligations imposed by this proffer statement.
The Application Plan shall refer to that certain Application Plan prepared by Terra Concepts
dated July 15, 2013, last revised June 9, 2014 (the "Application Plan"). The Code of
Development shall refer to the Code of Development for Rivanna Village dated June 9, 2013 (the
"Code of Development").
The headings of the proffers and conditions set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an interpretation of
any provisions of the proffers.
This proffer statement shall supersede and replace in all respects the proffer statement approved
by the Board of Supervisors on June 13, 2007 in connection with ZMA 2001-00008.
1. Community Development Authority Participation: To mitigate impacts from this
development, the Owner shall, upon request by the County (such request to be made by the
County within 90 days of ZMA approval), petition for and consent to any lot or unit (as the case
may be) designated on the Application Plan for non-residential uses to participate in a
Community Development Authority ("CDA") established pursuant to Section 15.2-5152, et seq.
of the Code of Virginia ("Code").
The CDA, if created, will be created for the purpose of implementing transportation
improvements located along Route 250 East between the Property and the Interstate 64
interchange to the west. In the event that a lot or building, as designated in the final and
approved Application Plan, contains both residential and non-residential units, only the non-
residential units shall participate in the CDA.
2. Cash Proffer for Capital Improvements: In order to mitigate impacts from this
development, the Owner shall contribute cash for each market rate residential unit constructed
within the Property to Albemarle County for the stated purpose of either funding traffic
improvement projects within or immediately adjacent to the Village of Rivanna as identified in
the County's Capital Improvements Program or school projects at Stone -Robinson Elementary
School, Burley Middle School, and Monticello High School as identified in the County School's
Capital Improvements Program.
The cash contributions shall be at the following rates: Three Thousand, Five Hundred Dollars
($3,500.00) for each single family detached unit, Three Thousand Dollars ($3,000.00) for each
townhouse unit or other single family attached unit, and Two Thousand, Five Hundred Dollars
($2,500.00) for each multifamily unit. Residential units paying cash in lieu of an affordable
dwelling unit as provided in paragraph 9, and other affordable dwelling units shall be exempt
from this paragraph 2. The cash contribution shall be paid after completion of the final
inspection and prior to issuance of the certificate of occupancy for such applicable residential
dwelling unit.
If the cash contribution has not been exhausted by the County for the stated purposes within ten
(10) years from the date of the issuance of the last residential building permit within Rivanna
Village, all unexpended funds shall be applied to any public project or program serving the
Village of Rivanna.
Annual Adjustment of Cash Proffers.
Beginning January 1, 2014, the amount of each cash contribution required herein shall be
adjusted annually until paid, to reflect any increase or decrease for the preceding calendar year in
the Marshall and Swift Building Cost Index ("MSI"). In no event shall any cash contribution
amount be adjusted to a sum less than the amount initially established by these proffers. The
annual adjustment shall be made by multiplying the proffered cash contribution amount for the
preceding year by a fraction, the numerator of which shall be the MSI as of December 1 in the
preceding calendar year and the denominator of which shall be the MSI as of December 1 in the
year preceding the calendar year most recently ended. For each cash contribution that is being
paid in increments, the unpaid incremental payments shall be correspondingly adjusted each
year.
3. Route 250 and Eastern Entrance Improvements: To mitigate traffic impacts, the
Owner shall either construct left and right turn lanes on Route 250 at the eastern entrance to the
Property or bond these improvements prior to approval of the first site plan or subdivision plat
for the development.
The Owner shall install the traffic signalization required by the Virginia Department of
Transportation ("VDOT") at the intersection of Route 250 for the eastern entrance to the
Property at such point in time that VDOT traffic signalization warrants are met and VDOT
requests the installation of such signal, provided that such request from VDOT is made prior to
the completion of Rivanna Village, which for the purposes of this paragraph shall be deemed to
be the later of (i) the date of approval and recordation of the subdivision plat creating individual
residential lots in the final block permitting residential lots or (ii) the date of final site plan
approval for the final undeveloped block within the Property.
4. INTENTIONALLY OMITTED.
5. Construction of Steamer Drive Improvements: The Owner's obligation to construct
the improvements on TMP 093A 1 -00-00-00200, including the sidewalk and pedestrian pathway
shown within such parcel on the Application Plan, shall be deemed satisfied when construction is
complete or if the owners of TMP 093A1-00-00-00200 do not grant the required easements or
other interests in the land so as to permit the construction and maintenance of such
improvements prior to County approval of the final site plan or subdivision plat for the lands
immediately adjacent to these improvements. Failure of the owners of TMP 093A1-00-00-
00200 to grant the required easements shall not relieve the Owner of the obligation to provide
stormwater management for Blocks A and H and, if the required easements are not provided,
alternative stormwater management (to be consistent with the stormwater requirements for the
overall project) will be provided which does not compromise the design of Blocks A and H.
6. Construction and Dedication of Parks and Recreation Improvements: To mitigate
impacts on existing public facilities, the Owner, at its expense, shall, at the request of the
County, engineer, construct, and dedicate in fee simple to the County a park comprised of
approximately 18.4 acres located in Block J and park improvements to be located in Block J (the
"Community Park"). The improvements to be constructed in Block J are set forth in the Code of
Development (the "Park Improvements"). The Park Improvements shall be built or bonded prior
to the issuance of the Certificate of Occupancy for the 137'h residential unit within the Property.
The Owner shall dedicate the Community Park to the County upon completion of the Park
Improvements or earlier upon request of the County. If dedicated prior to completion of the
required Park Improvements, the responsibility for implementation of this proffer shall run with
the residue of the Property. The Owner and the County acknowledge that the County may
assume responsibility for maintenance for completed portions of the Community Park prior to
dedication. The Owner and the County further acknowledge that the Owner proffers the
Community Park subject to the County passing a resolution concurrent with ZMA approval,
whereby proffer number 2 of ZMA-79-016 is deemed satisfied.
To further mitigate impacts on existing public facilities, the Owner, at its expense, shall, at the
request of the County, engineer, construct and dedicate in fee simple to the County additional
open space areas containing approximately 13.26 acres in the aggregate as shown on the
Application Plan (the "Linear Park Areas"). The Owner shall dedicate individual portions of the
Linear Park areas upon the completion of such areas as they are constructed as part of the
improvements within the block within which the areas are located, or later as may be required by
the County.
If the land to be dedicated to the County for either the Community Park or the Linear Park Areas
is not dedicated as part of a site plan or subdivision plat, the Owner shall pay the costs of
surveying the land and preparing the deeds of dedication. The Owner shall construct the trails
through the Linear Park Areas within twelve (I2) months after the approval by the County of the
first subdivision plat or site plan applicable to any portion of a block within with the trails are
located.
7. Route 250 Landscape Buffer and Right of Way Dedication: To establish a landscaped
buffer along the Route 250 entrance corridor and accommodate potential future improvements to
Route 250, the Owner shall establish a minimum seventy (70) foot reservation zone (the
"Reservation Zone" and thirty (30) foot landscape buffer along Route 250 (the "Landscape
Buffer") as shown on the Application Plan, the use and maintenance of which is described in the
Code of Development. The Reservation Zone and Landscape Buffer shall be reserved for public
use and dedicated upon the request of the County, subject to the terms of the Code of
Development. Prior to dedication of the Reservation Zone and the Landscape Buffer, the Owner
shall maintain the existing vegetation within the Reservation Zone and Landscape Buffer subject
to the following conditions: (a) the Owner retains the right to remove trees and undergrowth
where necessary to maintain a groomed edge in the Reservation Zone; (b) the terms of the Code
of Development of this Proffer Statement; (c) any requirements of the County Architectural
Review Board; and (d) any disturbance required as part of any improvements being made to
Route 250 or construction of the entrance to the Project from Route 250. Utilities allowed in the
Reservation Zone and Landscape Buffer are limited to those approved by the Director of
Community Development (or designee) that do not preclude or conflict with entrance corridor
landscaping requirements. Standards for landscaping within the Reservation Zone may be
established by the ARB during the Certificate of Appropriateness process where development is
subject to ARB review. Landscaping within the Landscape Buffer shall be subject to ARB
review, and shall be installed in conjunction with the widening of Route 250 (or sooner, if
desired by the Owner). Nothing herein shall preclude the Owner or designee from adding
landscaping to the Landscape Buffer prior to the widening of Route 250 to screen and/or buffer
new homes within the Project from Route 250 as needed in the Owner's discretion. Once
planted, the Landscape Buffer and all landscaping therein shall be maintained by the
Homeowners' Association of Rivanna Village.
After dedication and until the subject regional transportation improvements are funded for
construction, the Owner shall, at the request of the County, maintain the Reservation Zone and
Landscape Buffer until requested by the County to no longer do so; provided, however, during
the period of Owner maintenance, the Owner shall enjoy the right of exclusive use of the
Reservation Zone and Landscape Buffer for purposes of landscaped open space, signage, utilities
and/or other purposes described in the Code of Development. Upon being requested by the
County to forego maintenance of the Reservation Zone and Landscape Buffer, the Owner shall
cease all use of the Reservation Zone and Landscape Buffer and remove, to the extent requested
by the County, all improvements constructed or installed by the Owner within the Reservation
Zone and Landscape Buffer.
8. Landscape Buffer Along Glenmore Way: To mitigate impacts to Glenmore Way, the
Owner shall provide a minimum seventy (70) foot landscape buffer along Glenmore Way as
shown on the Application Plan and regulated by the Code of Development.
9. Affordable Housing: The Owner shall provide affordable housing equal to fifteen
percent (15%) of the total residential units constructed on the Property, in the form of for -sale
and/or for -rent units, subject always to the terms and conditions contained herein (the
"Affordable Housing Requirement"). A site plan or subdivision plat shall designate the units, as
applicable, that will, subject to the terms and conditions of this paragraph 9, incorporate
affordable units as described herein. The Owner shall convey the responsibility of constructing
the affordable units to the subsequent owner of the lots or Blocks where the affordable units will
be located. The subsequent owner/builder shall create units affordable to households with
incomes less than eighty percent (80%) of the area median income such that housing costs
consisting of principal, interest, real estate taxes, and homeowners insurance ("PITI") do not
exceed thirty percent (30%) of the gross household income.
A. For -Sale Affordable Units. All purchasers of the for -sale affordable units shall
be approved by the Albemarle County Housing Office or its designee. The subsequent
owner/builder shall provide the County or its designee a period of ninety (90) days to identify
and prequalify an eligible purchaser for the affordable units. The ninety (90)-day period shall
commence upon written notice from the then -current owneribuilder that the unit(s) will be
available for sale. This notice shall not be given more than sixty (60) days prior to receipt of the
Certificate of Occupancy for the applicable unit. If the County or its designee does not provide a
qualified purchaser during the ninety (90)-day period, the then -current owner/builder shall have
the right to sell the unit(s) without any restriction on sales price or income of the purchaser(s).
This paragraph shall apply only to the first sale of each of the for -sale affordable units.
B. For -Rent Affordable Units.
(1) Rental Rates. The initial net rent for each for -rent affordable unit shall
not exceed the then -current and applicable maximum net rent rate approved by the County
Housing Office. In each subsequent calendar year, the monthly net rent for each for -rent
affordable unit may be increased up to three percent (3%). For purpose of this proffer statement,
the term "net rent" means that the rent does not include tenant -paid utilities. The requirement
that the rents for such for -rent affordable units may not exceed the maximum rents established in
this paragraph 9B shall apply for a period of five (5) years following the date the certificate of
occupancy is issued by the County for each for -rent affordable unit, or until the units are sold as
low or moderate cost units qualifying as such under either the Virginia Housing Development
Authority, Farmers Home Administration, or Housing and Urban Development, Section 8,
whichever comes first (the "Affordable Term").
(2) Conveyance of Interest. All deeds conveying any interest in the for -rent
affordable units during the Affordable Term shall contain language reciting that such unit is
subject to the terms of this paragraph 913. In addition, all contracts pertaining to a conveyance of
any for -rent affordable unit, or any part thereof, during the Affordable Term shall contain a
complete and full disclosure of the restrictions and controls established by this paragraph 9B. At
least thirty (30) days prior to the conveyance of any interest in any for -rent affordable unit during
the Affordable Term, the then -current owner shall notify the County in writing of the
conveyance and provide the name, address and telephone number of the potential grantee, and
state that the requirements of this paragraph 9B have been satisfied.
(3) Reporting Rental Rates. During the Affordable Term, within thirty (30)
days of each rental or lease term for each for -rent affordable unit, then then -current owner shall
provide to the Albemarle County Housing Office a copy of the rental or lease agreement for each
such unit rented that shows the rental rate for such unit and the term of the rental or lease
agreement. In addition, during the Affordable Tenn, the then -current owner shall provide the
County, if requested, any reports, copies of rental or lease agreements, or other data pertaining to
rental rates as the County may reasonably require.
C. Cash In -Lieu of Affordable Units. Nothing herein shall be construed to prohibit
the Owner from providing cash to the County for affordable housing initiatives in lieu of
constructing all or some of the affordable housing units within the Project that would be required
to achieve the Affordable Housing Requirement. In the event that the Owner elects in its
discretion to provide cash to the County as an alternative to constructing one or more of the
affordable dwelling units that would be required to achieve the Affordable Housing
Requirement, the Owner shall contribute cash to the County in the amount of Twenty -One
Thousand, One Hundred Fifty Dollars ($21,150) instead of constructing each such required
affordable dwelling unit. Such payment shall be made after completion of the final inspection
and prior to issuance of the certificate of occupancy for any such unit for which payment in lieu
of constructing affordable housing is made. Any unit for which such contribution is made to the
County shall count as an affordable dwelling unit for purposes of this paragraph 9 and also for
purposes of paragraph 2.
10. Construction Traffic Management Plan. Prior to, or in conjunction with, submitting
the first initial site plan, erosion and sediment control plan, grading plan, preliminary subdivision
plat or, if a preliminary subdivision plat is not submitted, the first final subdivision plat, the
Owner shall submit a Construction Traffic Management Plan (the "CTM Plan"). The purpose of
the CTM Plan shall be to minimize conflicts between construction vehicles related to developing
the Property and pedestrians, cyclists, equestrian riders, and motor vehicles on Glenmore Way
and at the intersection of Glenmore Way and the construction entrance to be established at Main
Street, as depicted on the Application Plan, while the Property is being developed. The CTM
Plan shall include the following elements:
A. Establish a shared use path along Glenmore Way from Route 250 to Main Street.
The location, width and design of the shared use path shall be subject to the approval of the
County's Director of Community Development (the "Director"). If the Director determines,
based on the volume and nature of the existing use of Glenmore Way between Route 250 and
Main Street by pedestrians, cyclists, and equestrian riders, that the path depicted on the
Application Plan within the 70-foot wide buffer may serve as the shared use path, but that path is
later determined (prior to the end of the term of the CTM Plan, as established therein) to be
inadequate to serve all users, the Owner shall establish a second shared use path subject to
approval of the Director as provided herein.
B. In addition to any temporary traffic control signage required by the Virginia
Department of Transportation ("VDOT"), install such signage as determined to be necessary by
the Director.
C. Establish an asphalt -paved construction entrance to the Property at the Glenmore
Way and Main Street intersection. The length and width of the paved portion of the Main Street
construction entrance shall be sufficient to allow construction vehicles to safely enter and exit the
Property, to reduce dust, soil, sand, mud, gravel, and other substances being deposited on
Glenmore Way, and to accommodate a construction vehicle wash -down area. The length and
width of the paved portion of the Main Street construction entrance shall be subject to approval
by the Director.
D. Establish a construction vehicle wash -down area within the paved Main Street
construction entrance. The wash -down area shall have equipment that shall be used to remove
any soil, sand, mud, gravel or other substances from any construction vehicle, passenger car, or
motorcycle before it enters onto Glenmore Way from the Property. The wash -down area and its
equipment shall be subject to approval by the Director.
E. Have a flagman present at the intersection of Glenmore Way and the Main Street
construction entrance at all times when construction vehicles are entering and exiting the
Property to assist them in safely entering and exiting the Property and to ensure smooth traffic
flow for commuter and any other vehicles using Glenmore Way.
F. Clean the intersection of Glenmore Way and the Main Street construction
entrance every evening of each day during which construction activity occurs on the Property, if
necessary, to remove any soil, sand, mud, gravel or other substances from the road.
G. Provide the Glenmore Community Association with written weekly updates of
anticipated construction activity for the upcoming week.
The Owner shall obtain approval of the CTM Plan by the Director before the County approves
any grading permit for the Property, and shall satisfy and thereafter continue to satisfy any
applicable requirement of the CTM Plan before the first construction vehicle enters the Property,
except as necessary to satisfy a requirement of the CTM Plan itself, such as establishing the
Main Street construction entrance, until an ending date or event as provided in the CTM Plan.
Any approval of the Director required by this proffer shall be made only after consultation with
the Owner, the County Engineer and VDOT. The term "construction vehicle" includes, but is
not limited to, any tractor truck, tractor truck/semitrailer combination, tractor track/trailer
combination, dump truck, concrete mixer truck, land mover, bulldozer, front-end loader, grader,
packer, power shovel, or crane, but does not include any passenger car, passenger truck (such as
a pick-up truck), or motorcycle.
If VDOT issues an entrance permit for an entrance on Route 250 at Butterfield Lane as shown on
the Application Plan, or any other location, for construction vehicle use, then all construction
traffic for the Project shall thereafter use that entrance for entering and exiting the Property
instead of Glenmore Way, and the CTM Plan shall automatically terminate. Notwithstanding the
foregoing sentence to the contrary, if Block A as shown on the Application Plan has not yet been
completed at the time that VDOT issues such an entrance permit for construction vehicle use,
then construction traffic related to the development of Block A may nevertheless continue to use
Glemnore Way, and the applicable provisions of the CTM Plan shall remain in effect with regard
to such construction vehicle use until the completion of Block A.
The undersigned Owner hereby proffers that the use and development of the Property shall be in
conformance with the proffers and conditions herein above, and these proffers shall supersede all
other proffers and conditions made prior hereto.
WITNESS the following signature:
RIVANNA VILLAGE, LLC
By: _ !.
Andrew B� Manager
f
21439587 8
PROFFER STATEMENT
RrVANNA Vn,LAGE
Amendment #: [ j
Date: 6/13/07
ZAe, #; 2001-08
Tax. Map Parcel #: 79-25A, 8046, 80-46A, 80-46C, 80-46D, 80-46E, 80-54, 80-55A,
93-A1-1 (two portions thereof), 93-A1-2, 93-A1-3, and 93-Al-4
Existing Zoning: PRD planned Residential Development and RA, Rural Areas
Proposed Zoning: NMD, Neighborhood Model District in accordance with the Code of
Development (titled Rivanna Village at Glenmore, prepared by The Cox
Company, dated February 5, 2007) and the General Plan of Development
(E)hibits D- O of the Code of Development).
Total Land Area: 94.47 acres
pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed herein below which shall be applied to Rivanna Village
(herein after the "Property") if the Zoning Map Amendment (hereinafter "ZMA") is approved by
the County of Albemarle (the "County"). These conditions are proffered as apart of the
requested ZMA and it is agreed that. (1) the ZMA itself gives rise to the need for the conditions,
and (2) such conditions have a reasonable relation to the rezoning requested.
The term "Owner" as r� nre 8ein shall
h 1. mean the 0 owner
46E, of reco80-50, 8*5 s o93-Ars in �erest
of parcels 79-25A, 80-46, A
(two portions thereof), 93-A1-3, and 93-A1-4. Parcel 93-Al-2 is not subject to the terms,
conditions and obligations imposed by these proffers.
The headings of the proffers and conditions set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an interpretation of
any provisions of the proffers.
I. Community Development Authority Participation: In order to mitigate impacts from
this development, the Owner shall, upon request by the County (such request to be made by the
County within 90 days of ZMA approval), petition for and consent to any lot or unit (as the case
may be) designated in the General Plan of Development for non-residential uses to participate in
a Community Development Authority ("CDA'� established pursuant to Section 15.2-5152, et
seq. of the Code of Virginia ("Code").
The CDA, if created, will be created for the purpose of implementing transportation
improvements located along Route 250 East between the Property and the Interstate 64
interchange to the west. In the event that a lot or building, as designated in the final and
approved General Plan of Development, contains both residential and non-residential units, only
the non-residential units shall participate in the CDA.
2. Cash Proffer for Capital Improvements: In order to mitigate impacts from this
development, the Owner shall contribute cash for each market rate residential unit constructed
within the property to Albemarle County for the stated purpose of either funding traffic
improvement projects within or immediately adjacent to the Village of Rivanna as identified in
the County's Capital Improvements Program or school projects at Stone -Robinson Elem School
's
School, Burley N6ddle School, and Monticello High School as identified in the County
Capital Improvements Program.
The cash contributions shall be at the following rates: S3,500 for each single family detached
unit, $3,000 for each townhouse unit and $2,500 for each multifamily unit. Single family
detached units paying cash in lieu of an affordable unit as provided in Proffer 9, CarnageHouses
and other affordable dwellings as defined in the Code of Development shall be exempted from
this proffer. The cash contribution shall be paid at the time of the issuance of the building permit
for such residential dwelling unit:
If the cash contribution has not been exhausted by the County for the stated purposes within ten
(10) years from the date of the issuance of the last residential building permit within Rivanna
Village, all unexpended funds shall be applied to fiord for any public project or program serving
the Village of Rivanna.
Annual Adjustment of Cash Proffers.
Beginning January 1, 2009, the amount of each cash contribution required herein shall be
adjusted annually until paid, to reflect any increase or decrease for the preceding calendar year is
the Marshall and Swift Building Cost Index CUM"). In no event shall any cash contribution
amount be adjusted to a sum less than the amount initially established by these proffers. The
annual adjustment shall be made by multiplying the proffered cash contribution amount for the
preceding year by a fraction, the numerator of which shall be the MSI as of December 1 in the
year preceding the calendar year most recently ended, and the denominator of which shall be the
MSI as of December 1 in the preceding calendar year. For each cash contribution that is being
paid in increments the unpaid incremental payments shall be correspondingly adjusted each
year.
3. Route 250 and Eastern Entrance Improvements: In order to mitigate traffic impacts,
the Owner shall either construct left and right turn lanes on Route 250 at the eastern entrance to
the Property or bond these improvements prior to approval of the fast site plan or subdivision
plat for the development
The Owner shall install the traffic signalization required by the Virginia Department of
Transportation ("VDOT') at the intersection of Route 250 for the eastern entrance to the
Property at such point in time that VDOT traffic signalization warrants are met and VDOT
requests the installation of such signal, provided that such request from VDOT is made prior to
the completion ofRivanna Village, which for the purposes of this paragraph shall be deemed to
be the later of (i) the date of approval and recordation of the subdivision plat creating individual
residential lots in the final block permitting residential lots or (ii) the date of final site plan
approval for the final undeveloped block within the Property.
4. Route 250 and Glenmore Way Improvements: In order to mitigate traffic impacts, the
Owner shall install any traffic signalization required by VDOT at the existing intersection of
Route 250 and Glenmore Way at such point in time that VDOT traffic signalization warrants are
met and VDOT requests the installation of such signal provided that such request from VDOT is
made prior to the completion of Rivanna Village, which for the purposes of this paragraph shall
be deemed to be the later of Q) the date of approval and recordation of the subdivision plat
creating individual residential lots in the final blocks permitting residential lots or (ii) the date of
finial site plan approval for the final undeveloped block within the Property.
5. Construction of Steamer Drive Improvements: The Owner's obligation to construct
the improvements on TNT 93-Al-2 (Block F), including the sidewalk and pedestrian pathway,
shall be deemed satisfied when construction is complete or if the owners of TMP 93-Al-2 do not
grant the required easements or other interests in the land so as to permit the construction and
maintenance of such improvements prior to County approval of the final site plan or subdivision
plat for the lands immediately adjacent to these improvements. Failure. of the owners of TNT
93-Al-2 to grant the required easements shall not relieve the Owner of the obligation to provide
stormwater management for Blocks C & G and, if the required easements are not provided,
for the
alternative stogywater management (to be consistent with the stormwater requirements
overall project) will be provided which does not compromise the design of Blocks C & G.
6. Construction and Dedication of Parks and Recreation Improvements: In order to
mitigate impacts on existing public facilities, the Owner, at its expense, shall, at the request of
the County, engineer, construct, and dedicate in fee simple to the County a park comprised of the
land and improvements in Block I. Requirements for Block I and the improvements to be
constructed in Block I are set forth in the Code of Development
Provisions for the park shall be included with the first phase of the development. For the
purposes of this proffer, "provisions" shall mean that the Block I parcel shall be platted with the
initial plat for Rivanna Village. The park improvements described in the Code of Development
shall be built or bonded prior to the issuance of the Certificate of Occupancy for the 174th
residential unit within the Property.
The Owner shall dedicate the park to the County upon completion of the improvements or earlier
upon request of the County. If dedicated prior to completion of the required improvements, the
responsibility for implementation of this proffer shall run with the residue of the Property. The
Owner and the County acknowledge that the County may assume responsibility for maintenance
for completed portions of the park prior to dedication. The Owner and the County further
acknowledge that the Owner proffers the park subject to the County passing a resolution
concurrent with ZMA approval, whereby proffer number 2 of ZMA-79-016 is deemed satisfied.
7. Route 250 Landscape Buffer and Right of Way Dedication: In order to establish a
landscaped buffer along the Route 250 entrance corridor and accommodate potential future
improvements to Route 250, the Owner shall establish a minimum ninety (90) foot reservation
zone and landscape strip along Route 250 as shown on the General Plan of Development, the use
and maintenance of which is described in the Code of Development. The first seventy (70) feet
of the reservation zone and landscape strip immediately adjacent to Route 250 shall be reserved
for public use and dedicated upon the request of the County.
After dedication and until the subject regional transportation improvements are funded for
construction, the Owner shall, at the request of the County, maintain the reservation zone and
landscape strip until requested by the County to no longer do so; provided, however, during the
period of Owner maintenance, the Owner shall enjoy the right of exclusive use of the reservation
zone and landscape strip for purposes of landscaped open space, signage, utilities andlor other
purposes described in the Code of Development. Upon being requested by the County to forego
maintenance of the reservation zone and landscape strip, the Owner shall cease all use of the
z
reservation zone and landscape strip and remove, to the extent requested by the County, all
improvements constructed or installed by the owner within the reservation zone and landscape
strip.
8. Landscape Strip Along Glenmore Wily., In order to mitigate impacts to Glenmore Way,
the Owner shall provide a minimum fifty (50) foot landscape strip along Glemnore Way as
shown on the General Plan of Development and regulated by the Code of Development
9, Affordable Housing: In order to mitigate community impacts from the rising cost of
housing, the Owner shall provide a minimum of 15% of the residential
d m tial unental is a safforfor rCnfable. The
affordable housing may be provided by constructing e
residential units and carriage houses, or payment of $16,500 in lieu of a required unit The terms
and conditions regulating the timing and distribution of the affordable units within Rivanna
Village are set forth in the Code of Development.
The undersigned Owner hereby proffers that the use and development of the Property shall be in
conformance with the proffers and conditions herein above, and these of
shall supersede all
other proffers and conditions made prior hereto.
GLENMORE ASSOCIATES LUAMD
PARTNERSHIP, A Virginia limited partnership
By: The Frank A Kessler Declaration of Trust dated
November 18, 1996, as amended, General Partner
M
Peggy 9. fessierAuccessor Trustee
Comer, Successor Trustee
6 -i/- 07
Date
0-7
a
0
2 ALBEMARLE COUNTY BOARD OF ZONING APPEALS
3 ELECTRONIC MEETING VIA ZOOM
4 TUESDAY, NOVEMBER 10 2020 — 2:00 P.M.
7
Board Members Present:
John Shepherd, Chairman
8
Ed Robb, Vice Chairman
9
Marcia Joseph, Secretary
10
Randy Rinehart
11
Edward (Bo) Carrington
12
13
Staff Members:
Bart Svoboda, Zoning Administrator
14
Marsha Alley, BZA Recording Clerk
15
16
County Attorney:
Andy Herrick, Deputy County Attorney
17
18
BZA Attorney:
James Bowling, IV
19
20
21 1. Call to Order
22 The meeting was called to order at 2:00 p.m. by Chairman John Shepherd.
23
24 Mr. Shepherd addressed the board stating that this is an electronic meeting and asked for everyone to be
25 patient as we all become familiar with this meeting alternative and virtual process. He made the
26 following statement:
27 This meeting is being held pursuant to and in compliance with Emergency Ordinance No. 20-
28 A(14); An Emergency Ordinance to Ensure the Continuity of Government During the Covid-19
29 Disaster.
30
31 The BZA members who are electronically present at this meeting are Ed Robb, Randy Rinehart,
32 Marcia Joseph, Bo Carrington, and John Shepherd.
33
34 The opportunities for the public to access and participate in the electronic meeting are posted on
35 the Albemarle County website on the Board of Zoning Appeals home page and on the Albemarle
36 County calendar. Participation will include the opportunity to comment on those matters for
37 which comments from the public will be received.
38
39 Mr. Shepherd noted that there are no public hearings scheduled for the meeting.
40
41 2. Establish a Quorum
42 Each member verbally indicated their presence for the record in order to establish a quorum with five
43 members present. Ed Robb, John Shepherd, Randy Rinehart, Bo Carrington, and Marcia Joseph.
44
45 Mr. Shepherd introduced others in attendance: Bart Svoboda, Zoning Administrator; Francis MacCall,
46 Deputy Zoning Administrator; Andy Herrick, Deputy County Attorney; James Bowling, BZA Attorney;
47 staff members Marsha Alley, BZA Recording Clerk and Lisa Green.
48
1 3. Public Hearings
2 Mr. Shepherd announced that there were no public hearings scheduled for this meeting.
3
4 4. Approval of Minutes
s A. October 6, 2020
6 Mr. Shepherd requested to have the word it removed from the sentence on page 2, line 33. There were no
7 other comments regarding the minutes.
8
9 MOTION: Mr. Rinehart moved to approve the minutes for October 6, 2020. Mr. Robb seconded the
10 motion, which passed unanimously (5-0). '
11
12 5. Old Business
13 Mr. Shepherd asked Mr. Svoboda if there was any Old Business to discuss.
14
15 Mr. Svoboda explained that Mr. Maus has submitted and recorded a boundary line adjustment which
16 makes the structure meet the setback. He added that the application is being processed accordingly.
17
18 Mr. Shepherd asked about the status of the appeal.
19
20 Mr. Svoboda stated that the appeal is currently at a standstill until the application is processed. He added
21 that once the application is processed, Zoning will consult with Mr. Herrick, Deputy County Attorney, to
22 determine the court process.
23
24 6. New Business
25 A. Training Session
26 Mr. Shepherd stated that Mr. Herrick would be continuing the training from the October meeting. He
27 added that the BZA appreciates the opportunity to attend this training at the same time together.
28
29 Mr. Herrick addressed the board and gave a brief review of topics covered at the October meeting. He
30 continued the presentation and discussion of the remaining topics:
31 • Meeting Procedures and the Freedom of Information Act (FOIA)
32
A.
The Eight Important Principles of FOIA
33
1. Quorum
34
2. Assembly without discussion business
35
3. Electronic Communications
36
4. Public Meetings
37
5. Closed Meetings
38
6. Meeting established under FOIA without a quorum
39
7. Quorum required for action
40
8. Quorum in the case of conflict of interest
41
B.
Rules of Procedure/Procedural Issues
42
43
• Conflicts of Interest
44
A.
Purpose
45
B.
Definition — generally focused on financial interests
46
C.
Disclosure and Disqualification
47
2
I There was discussion regarding how FOIA regulations apply to the BZA and which items, documents,
2 and conversations are subject to FOIA. Additionally, there was discussion related to how the regulations
3 of Conflicts of Interest apply to members of the BZA. Mr. Bowling and Mr. Herrick each suggested that
4 members with potential conflicts seek an opinion from the Commonwealth's Attorney prior to a meeting
5 regarding concerns as they relate to the determination of conflicts of interest.
7 Mr. Herrick encouraged the members to refer to the Land Use Law Handbook for various questions that
8 may arise.
10 Mr. Shepherd agreed, noting that the Land Use Law Handbook is the gold standard in Virginia.
11
12 Mr. Herrick stated that his presentation was complete but that he could respond to any additional
13 questions.
14
15 There was a discussion regarding historical cases and how to reduce the conflict and confusion for
16 applicants as it relates to the process. Mr. Svoboda noted that often timetables come into play and actions
17 must be taken in order to keep the process moving toward the ultimate goal of compliance.
18
19 There was a discussion regarding the relationship between a special exception and a variance. Mr.
20 Svoboda noted that the choice is left up to the applicant after reviewing the question with staff. He noted
21 that the variance criteria are strict, but the special exception criteria are different and not as strict, noting
22 that staff works with the applicant to determine the better avenue to choose. However, the choice
23 between variance and special exception is up to the applicant. Mr. Herrick noted that state law does not
24 limit the applicant from seeking both simultaneously.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Several members offered their appreciation to Mr. Herrick for the informative training presentation. Mr.
Shepherd suggested that there should be an annual presentation.
Mr. Shepherd asked if there was any additional New Business for discussion.
Mr. Svoboda stated that there is a Variance request and an Appeal scheduled for December.
7. Adjournment
MOTION: At approximately 3:25 p.m., Mr. Rinehart moved to adjourn the meeting. Mr. Robb seconded
the motion, which passed unanimously (5-0).
(Recorded and compiled by Marsha Alley)
Respectfully Submitted,
Marcia Joseph, Secretary Board of Zoning Appeals