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HomeMy WebLinkAboutSDP200700087 Legacy Document 2007-10-23Proffer North Pointe SDP 200700087 Proffer Compliance II Entrance Corridor 2.1 Creation of a 50 foot buffer along the entrance Entrance corridor II Section 2.1 Compliance: Applicant needs to deliniate the location of the 50 foot buffer along the corridor.Owner to plant & maintain continuous landscape buffer of entrance corridor with this preliminary site plan. This proffer must be fully addressed at final site plan stage. The buffer 50' wide w /hedgerows on their property along NB 29 entrance will be subject to (ARB) Architectural Review Board review and should VDOT reduce any portion of the buffer on VDOT corridor frontage. property, the owner shall compensate for such reduction on their own property. 2.2 Apperance of Storm Water Manaaement (SWM) Facilities. Appearance of SWM's on entrance corridor must have ARB design approval at same time w /blg submittal to ARB. SWM 1w /Bldgs 14 2.2 Appearance of SWM's on entrance corridor compliance: This preliminary site plan needs ARB input for approval (or whatever blgd proposed here) & 19; SWM 2 w/ bldgs 26 -31; of Storm Water Mangement Facilities visible from the entrance corridor. Storm Water Management facility #10 adjacent SWM 10 w/ adj. conservation area. See proffer for SWM design to the conservation area on this preliminary site plan must meet ARB design approval. Architectural Review Board specifi (Principle Planner) will determine the timing of review (at final or at preliminary or at same time w /blg submittal to ARB). 3.1 Total Buildout Compliance: Please provide a running total with a breakdown of type of housing proposed and affordable housing included in this preliminary site plan. Project compliance subject to section 3.2. does not apply with III Densities: this preliminary site plan. There are no commercial, office and /or hotels proposed in this preliminary site plan. However, 3.1 Total Buildout. No more than 893 DU subj to 3.2 blg footprints running totals should be viewed as /used as compliance with the breakdown on Sheet A of the application. Running totals and gross FA for C, Office or other uses & footprint of hotel not to on all site plans received for North Pointe will help with compliance with section 3.2 (future sections of Noth pointe). The exceed Land Use Breakdown on Sheet A of App Plan. total Number of dwelling units within the entire North Pointe shall not exceed 893. 3.2 Limited Adjustments to the elements of the Application Plan. Gross FA for C, O, others and hotel (sheet A) can be adjusted Win 10% range w /max gross FA for ea. use category not exceeded. Except: bldg 14 cannot initially exceed 88,500 sq until after 2 years 3.2 Limited Adjustments to the elements of the Application Plan: Compliance. There are no commercial, office and of c/o for 14, then can adj. 10% range to E if shown as on hotel uses in this section i.e non on this preliminary site plan. This proffer is not applicable at this time. IV Stormwater Management and Stream bed conservation 4.1 Flood Plain: Area Win 100y FP remains undisturbed except rd 4.1 Flood Plain compliance: This proffer is subject to Albemarle County Engineering Review. Review of the area within crossings, public utility, ped & bike trails. If Co. requests owner to the 100 year Flood Plain will be done with all preliminary and final site plan submittals for North Pointe. This preliminary dedicate land & prepare all documentation. site plan has 100 flood plain. See engineering comments for guidance. 4.2 Storm Water Manaaement Plan. SWM designed & 4.2 Storm Water Management Plan Compliance. This proffer is subject to Albemarle County Engineering Review. constructed to accommodate 32A -2 -4 & existing development NE & Review of Storm Water Management Plans (Quality abnd Quantity) will be done for current and future preliminary and NW corners Proffit and 29 (see TMP in proffers) SWM quality & final site plan submittals for North Pointe. Storm water quality and quantity mangement plans will be provided and quantity to be as if all areas undeveloped. SWM to include biofilters reviewed per Albemarle County Engineering Design Guidelines. (Detailed plans and computations will be required at on 331/3% of total req. p -lot landscape w/i each final site plan stage). See engineering comments for guidance. 4.3 Erosion and Sediment Control Compliance This proffer is subject to Albemarle County Engineering Review. Review of Erosion and sediment control plans /measures and post construction management plans will be done for current and future preliminary and final site plan submittals for North Pointe. Erosion and sediment control plans /measures and post construction management plans will be provided and reviewed per Albemarle County Engineering Design Guidelines and per the proffer, the Erosion and sediment control plans /measures shall to the 4.3 Erosion and Sediment Control A.Erosion /sediment to exceed maximum extent practicable exceed state and local minimum standards. If disagreements arise the Virginia Dept of State /Local min standards if disagree Va Dept of Cons & Recr to Conservation & Recreation will advise. Post construction stormwater BMP's will achieve annual sediment removal rate of advise. B. Owner to provide max post construction stormwater 80% as publised by the Center for Watershed Protection 2000 ed. This will include but are not limited to bioretention, BMP's to achieve annual sediment removal rate of 80% as in bioretention filters and wet retention basins. (Detailed plans and computations will be required at each final site plan Watershed Protection Art. 64 including bi stage). See engineering comments for guidance. 4.4 Stream Buffer and Restoration: In comment period, Owner to 4.4 Stream Buffer and Restoration compliance. This proffer is subject to Albemarle County Engineering Review. notify Co & give applications to ACOE and /or DEQ. for any stream Review of stream buffer and restoration will be done and comments given with all preliminary and final site plan disturbance. Owner to also contact Co for a list of off -site submittals for North Pointe. (Detailed plans, computations and /or documents will be required at final site plan stage). See opportunities. engineering comments for guidance. V. TRANSPORTATION 5.1 Internal street construction standards Public streets constructed by illustrative urban design cross sections on Sheet D -1 5.1 Internal street construction standards compliance. This proffer is subject to Albemarle County Engineering in app plan & VDOT design criteria & dedicated to public use, Review. Review will be done and comments given with all preliminary and final site plan submittals for North Pointe. offered acceptance state hwy.system. Landscaping, sidewalks and (Detailed plans, computations and /or documents will be required at final site plan stage). See engineering comments for trees(max spacing of 50') maintained by owner guidance. 5.2 Timing of completion for internal Streets: Owner to complete road segment of internal street on D -1 that serves the blg or residence for which a c/o sought or no c /o. To include min of stone base & all but final layer of plant mix asphalt which must be done Win 1 year of 1st c/o for blg or resid 5.2 Timing of completion for internal streets compliance: This proffer is not applicable at this time. 5.3 Road Improvements. Owner to design & construct all road improvements in 5.3.1 a -c shown on D -1, E unless constructed or 5.3 Road Improvements compliance: See proffer 5.3.1.C.1 for compliance details.This preliminary site plan location is bonded by others. Owner to dedicate req. row to public use. referenced as phase III in the proffers. See road improvements for phase III per proffer 5.3.1.C.1. 5.3.1 Design and Phasing: Road improvements shown on detailed road plans w /vdot design standards approv'I VDOT & Co. If internal roads not vdot approved - detailed road plans to Co subj to sub ord. 5.3.1 Design and Phasing compliance: This preliminary site plan location is referenced as phase III in the proffers. See roads -3 phases shown here as 5.3.1 a -c. road improvements for phase III per proffer 5.3.1.C.1. 5.3.1.a.2 Phase 1 Road Improvements. Phase 1- includes (1)southernmost entrance on US Route 29 i -xi -see proffers. All permits and bonds required for construction before sub /sdp A) Phase 1 Road Improvements compliance: The properties involved with this preliminary site plan are TMP 32 -22K approval. See proffers i -xi for exact improvements. All 29 and TMP32 -22H. Road improvement proffers for these properties are addressed in phase III 5.3.1.C.1. This proffer does intersection subj to signal timing plan approval by VD not apply to this preliminary site plan. 5.3.1.a.2 North Pointe Boulevard. leake Road and Proffit Road: (2) North Pointe Blvd., Leake and Proffit Roads. Off -site property acquisition req. If purchase, owner not pay more 150% FMV Wout 5.3.1.a.2 North Pointe Boulevard, leake Road and Proffit Road compliance: t he properties involved with this owner consent. If more Co 30 days req. to Owner.See i -iv for preliminary site plan are TMP 32 -22K and TMP32 -22H. Road improvement proffers for these properties are addressed in specific proffers. All 29 intersection improvements VDOT appr phase III (5.3.1.C.1.). This proffer does not apply to this preliminary site plan. 5.3.1.b Phase II Road Improvements:Owner to obtain all permits 5.3.1.b Phase II Road Improvements compliance: t he properties involved with this preliminary site plan are TMP 32- and post bonds for Phase 2 prior to approval of 1 st sdp for C, Office 22K and TMP32 -22H. Road improvement proffers for these properties are addressed in phase III (5.3.1.C.1.). This and hotel when exceeds 290,OOOsf. See deadlines below. proffer does not apply to this preliminary site plan. 5.3.1.b.1 Middle entrance on U.S. Route 29 (Northside Drive East /SR1570): Phase 2 (1) middle entrance us 29 (northside drive east /SR1570). See i -ix for specific improvements. All 29 intersection 5.3.1.b.1 Middle entrance on U.S. Route 29 (Northside Drive East /SR1570) compliance: properties involved with subj to signal timing plan approval by VDOT prior to road plans. this preliminary site plan are TMP 32 -22K and TMP32 -22H. Road improvement proffers for these properties are See 5.3.3 addressed in phase III (5.3.1.C.1.). This proffer does not apply to this preliminary site plan. J. J. I.N.G 19V1111014. VI- LP.t YGlWGG11 VJ 11VLi y G.7 a114 I`IV1111 J.J. 1.10.4 Ivvl 111.71ue VI IVC Cast vOtImce I vJ nvu lC GA a11u Ivv1111 rvllllO OVU ICVaiu as JIIVVVII VII 111001 V-1. Pointe Boulevard as shown on sheet D -1: 2 -road improvements- Properties involved with this preliminary site plan are TMP 32 -22K and TMP32 -22H. Road improvement proffers for these Northside Dr. E b/w US 29 and North Pointe blvd. on Sheet d -1 (properties are addressed in phase III (5.3.1.C.1.). This proffer does not apply to this preliminary site plan. J 5.3.1.c Phase III Road Improvements compliance. Approval of a subdivsion plat or site plan for any development of 5.3.1.c Phase III Road Improvements. All permits /bonds for phase either the Virginia Land Trust Company (32 -22K) or the Jackson Trust Property (32 -22H) or any portion thereof triggers 3 done by earliest of 1) sdb /sub approval that exceeds the 533 DU; this proffer; Properties involved with this preliminary site plan are TMP 32 -22K and TMP32 -22H. Road improvement 2) approval of sdp /sub for Va Land Trus (32 -22K) or Jackson proffers for phase III (5.3.1.C.) need to be addressed with this preliminary site plan and with future final site plan Trust(32 -22H) or 3) 5yrs from 1 st c/o for bldg. W /in 12m phase 3 submittal (Detailed plans and computations will be required at final site plan stage) for these properties. This proffer roads accepted by VDOT or bonded fo applys to this preliminary site plan. 5.3.1.C.1. Northernmost Entrance (opposite Lewis and Clark Drive) on U.S. Route 29 compliance: This proffer applies to this preliminary site plan. Please provide conceptual road plans addressing all Road improvements for the Northernmost Entrance on 29 (opposite Lewis & Clark Drive). See section i -v of the proffers for specific improvements. 5.3.1.C.1. Northernmost Entrance (opposite Lewis and Clark U.S. route 29 Southbound will require construction of a left turn lane with taper (ii) Northwest Passage from U.S.Route 29 to North Pointe Boulevard will have to be constructed /addressed with this preliminary and final site plan (iii) U.S. Drive) on U.S. Route 29: Road improvements for Northermost Entrance on 29 (opposite Lewis & Clark Drive). See i -v for specific Route 29 Northbound - construction of a right hand turn lane, the geometrics of which will be subject to VDOT approval improvements. All 29 intersection subj to signal timing plan approval (iv), If not already constructed North Pointe Boulevard between Northside Drive East and Northwest Passage and (v) by VDOT prior to road plans. See 5.3.3 Traffic signal construction subject to signal timing plan and approval by VDOT. 5.3.1.C.2. Co to give written notice to owner for school. Owner 180 days submit road plans for NW passage from North Pointe Blvd to 5.3.1.C.2. compliance: This proffer does not apply at this time. However the County needs to give written notice about 29 to VDOT & Co to review. W /in 12m after sch by for owner to its intention to build an elementary school to trigger this proffer upon which the Owner will have 180 days to submit road complete above & 5.3.2©1 & North Pointe from Nside to NW pass. plans for NW passage from North Pointe Blvd to 29 to VDOT & the County to review. W /in 12m after sch by for owner to Temp eas complete above & 5.3.2©1 & North Pointe from Nside to NW pass. 5.3.2 Owner to make cash contribution not to exceed $35,000 to Co or VDOT for cable /wireless radio system to link signals b/w Lewis & Clark Dr and Airport Rd. 5.3.2 Compliance:This proffer does not apply at this time and does not apply to this preliminary site plan. 5.3.3 Compliance: This proffer will be adressed at final site plan stage. VDOT Virginia Department of Transportation 5.3.3: All 29 intersection improvements subj to signal timing plan should be contacted at this stage (preliminary site plan) for consultation and comments prior to final site plan submittal. approval by VDOT prior to road plans. See 5.3.3 apply phases 1 -3 All U.S. 29 intersection improvements will be subject to signal timing plan approval by VDOT. 5.3.4 At Co request $100,000 cash contribution for Route 29 traffic study to be made Win 30 days request. 3 years to expend. 5.3.4 Compliance: This proffer has already been satisfied. 6.1 Pedestrian Pathways. Class A/B pedestrian pathways on sheet G constructed w /sdp /sub for adjacent areas. Can be bonded. To conform Co Design Standards. Restriction on culvert along flat 6.1 Pedestrian Pathways compliance: Pedestian pathways must be built according to /or as shown on the approved branch. Pathway b/w Parks E,F to conform VDOT standards that final site plan. Performance bonds will have to be posted at the final site plan stage. With this preliminary site plan, Owner to maintain if not VDOT Pedestrian pathways need to be shown in accord with the aproved application plan. 6.2 Lake: Owner to dedicate lake at Co request for public use as long as used by Owner for SWM shown on App Plan Sheet C 6.2 Lake compliance: This proffer does not apply to this preliminary site plan. VIII Public Infrastructure and facilities Proffers. 8.1 Branch Library: Owner to dedicate fee simple land to Co upon request for library with 15000sq fully paded site, utilties for 12500sq footprint, 5' strip, 25,OOOsq bldg (can be larger adjust parking and Park H) plus easements. Park H dedicated at Co req. Multiple deadline 8.1 Branch Library compliance: This proffer does not apply to this preliminary site plan. 8.1.b Green Roof: If library req. bigger area that Co. wants, & goes condo, then owner to pay pro rata of larger portion at Co request to include design /construction or add'I expenses -green roof. Co give owner costs w /doc & owner to pay w /in10 days OR if LEED done & Owne 8.1.b Green Roof compliance: This proffer does not apply to this site plan. 8.2 Affordable Housing: Affordable Housing to include min 40 for 8.2 Affordable Housing compliance: Please show a running total of any /all affordable housing proposed at this stage sale of 12MF, 12TH,DUP, Att H, Condo ( "other "), 16SF -D. Min 66 (preliminary site plan) and all future preliminary and final site plan applications. Label the affordable housing on this for rent units , min 4 carriage. preliminary site plan and deliniate what type i.e for sale, for rent, carriage house etc. 8.2.a Multi family and other for sale affordable units. MF & Other for sale units affordable is less than 80% of area median family income, and PITI not to exceed 30 %, provided selling price is never more than 190,400 or 65% of VHDA max mortgage for list time 8.2.a Multi family and other for sale affordable units compliance. This proffer is not applicable at this stage. Follow home buyers at beginning of 90 day id and qualificat up will be needed at building permit stage or at issuance of (CO) certificate of occupancy. 8.2.b Single Family Detached For Sale Affordable Units ('Moderately Priced Units') SF -D for sale affordable for households w /incomes less than 120% of area median income w /PITI not to exceed 30 %, provided that selling price never exceed $238,000, or 8.2.b Single Family Detached For -Sale Affordable Units ('Moderately Priced Units') This proffer is not applicable at 80% of VHDA max mortgage for 1st time home buyers. this stage /or with this preliminary site plan. 8.2.c For Rent Affordable Units: For rent affordable units must remain for period of 5yrs to households less than affordable qualifying following c/o date or until unit is sold as low or moderate units under VHDA or others. No for rent affordable to count more than once toward those requ 8.2.c For Rent Affordable Units: This proffer does not apply to this preliminary site plan. 8.2.c.i. Conveyance of Interest: All deeds that are for affordable housing must contain language re: the unit. All contracts for rent of affordable must contain full disclosure. Owner must give written notification to County when any interest of for rent unit is transferred w /name and 8.2.c.i. Conveyance of Interest: This proffer does not apply to this preliminary site plan. 8.2.c.ii Annual reporting: Annual reporting due Win 90 days after cal'd year by current owners to housing of all for rent units for year before in standard that Co decides subj to all housing laws. Owner to keep reports, copies of rental agreements on premise. 8.2.01 Annual reporting: This proffer does not apply to this preliminary site plan. 8.2.d Carriage House Units: Carriage house to meet req. for SFD in blg. code, must be on same dwelling and cannot be sub. Subdivision restriction must be placed on plat & every deed conveying interest. 8.2.d Carriage House Units: This proffer does not apply to this preliminary site plan. 8.2.e: All sdp /sub to contain w /aff D must note lots or units as aff. list sdp /sub to have min of 3 units, then min 3 a yr. Plans to have 8.2.e. Compliance: This proffer needs to be addressed with this preliminary site plan. Please show the required total & %. Units deemed ok when owner gives written notice to affordable housing units (three). This will be part of a running total that should be shown on all submitted preliminary and County. Can bank units if more than 3 per year, but never m final site plans . (Sarah Zoning Admin determination). 8.2.f: All purchases of for sale units to be approved by Co Housing. Owner to give Co 90 days by written notice that unit ready and for Co to id and prequalify a purchaser. If Co not provide then owner can sell Wout restrictions -these do not count toward requ 8.2.f.Compliance: This proffer does not apply to this preliminary site plan. 8.2.h: Cash Proffer: Cash for housing initiative fund or other similar for affordable home ownership loan programs. Contributed Win 60 days after ZMA approval and expended Win 5 years from contribution date. 8.2.h: Cash Proffer compliance: This proffer has been satisifed /met. IX. Education and Other Public Facilities 9.1 Elementary School Site. Elementary School Site, or park & rec facilities Co decides. If after deadline, $ for CIP. If school -Owner 270 days after Co. request to dedicate 12.85 acres. Owner provides impr & util. Ped Paths shown on sub and constructed w /rec fields. If $, then 9.1 Elementary School Site Compliance.This proffer does not apply to this preliminary site plan. Service: Bus Turnoffs, improvements, service. Owner constructs 10 public turnoffs on App. Plan or other approved by Co. + Owner to be approved w /road plans, bonded w /street const. b) At Co req. 25K 9.2 Bus Stop Turnoffs, Bus Stop Improvements, and Bus Service compliance. Please contact Albemarle County for design /constr. C) 30 days after public transp exists -add'I 2 Transportation Planner Wandiego Wade for further advise on proffers 9.2.a, 9.2.b, and 9.2.c. Access to Adjacent Properties. 10.1 Dedication of right -of -way- extension to parcel 22E. Access to adjacents. If dedication not done w /sub plat, 50' ROW shown on app plan dedicated prior to by for blg 32. Owner to record w /specifics. If not part of sub, will need add'I approvals w /conditions. 10.1 Dedication of right -of -way- extension to parcel 22E compliance. This proffer does not apply to this preliminary When access ROW for 32, improvements done, ease site plan Northwoods Mobile Home Park Property). Dedication of right -of- way- extension to parcel 22E.Access to Northwoods If dedication not done w /sub plat, 50' ROW shown on app plan B for access to 32A -2 -4. Prior to the earlier to occur: by for bldg 6 or bldgs V1- V6.Owner to record w /specifics. If not part of sub, will need add'I 10.2 Acess to Tax Map 32A, section 2, Parcel 4 (Current Northwoods Mobile Home Park Property) Compliance. approvals w /conditions. This proffer does not aDDly to this oreliminary site Dlan. Certificate. Owners of property as those that signed. JCertificate. Owners of property as those that signed. Owner. Proffers to run with property. JOwner. Proffers to run with property.