HomeMy WebLinkAboutZMA200000010 Proffers 2001-06-19 I. C 10 py
Original Proffer
Amended Proffer
(Amendment# )
PROFFER FORM
Date:June 19,2001
ZMA#00-10
Tax Map and Parcel Number(s):TM78,Parcel 58I,and TM 78 B,Parcels 2A,2B,4B,3-1,and 4-1
27.46 Acres to be rezoned from R-10 to R-15
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance,the owner,or its duly authorized agent,hereby
voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are
proffered as a part of the requested rezoning and it is agreed that: (1)the rezoning itself gives rise to the need for the
conditions;and (2)such conditions have a reasonable relation to the rezoning request.
(1)See attached"Avemore Proffers"A through K,on pages 1-4.
Signatures of All Owners Printed Names of Owners Date
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Avemore Proffers
The applicant's objective with this development is to provide a compact, high-density residential
development with a variety of housing types and environmental and developmental amenities.
Facilities for appropriate and complementary professional and retail services will be located
within the development. With design features such as sidewalks, a central green, a community
clubhouse, walking trails and preservation of open space, the development is intended to be
sensitive to the natural characteristics of the site and to the surrounding areas, to provide an
improved level of amenities, and to promote economical and efficient land use and appropriate
and harmonious physical development, in order to accomplish a design in keeping with the goals
and objectives of the County's Comprehensive Plan. The development will be a premier
residential community and will reflect the applicant's commitment to providing high quality and
attractive architectural design.
In connection with the applicant's rezoning application, the following proffers are made:
A. The Conceptual Development Plan dated March 28, 2001, last revised May 10, 2001 (the
"Plan"), attached hereto as Exhibit A, is proffered. All improvements shown on the Plan
will be installed upon completion of all phases of construction. The character of the
development will be in general accord with the form and character that is suggested by
and is compatible with the proposed building elevations attached as the exhibits listed
below. Modifications to the elevations shown on the attached exhibits which are either
suggested by or required by the Albemarle County Architectural Review Board will be
deemed to be in"general accord."
Exhibit B "Shops," dated 12-15-00
Exhibit C "Apartments," dated 12-15-00
Exhibit D "Garages," dated 12-15-00
Exhibit E "Townhomes," dated 12-15-00
Exhibit F "Clubhouse,"dated 12-15-00
B. Commercial buildings will have two (2) street facades (each with at least one street-level
entrance), facing both Fontana Drive and the development.
C. In satisfaction of the recreation facility requirements set forth in Section 4.16 of the
County Zoning Ordinance and in order to better meet the needs of the residents of
Avemore, the following amenities are proffered:
(1) The Village Green will be surrounded by a hedge. Large variety trees, 2.5 inches
in caliper or larger and of a species common to the area, will be located every 40
feet on center between the hedge and the travelway surrounding the Village
Green. There will be access points to the Village Green at each of the four
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corners, each of which will consist of one (1) gateway flanked by two (2) brick
corners. The hedge will be at least 24" high at planting, and the gates and brick
corners will be approximately 32" high. At least three (3) benches will be
provided in the Village Green. The Village Green improvements will be built in
conjunction with the construction of the townhouse section phase of the
development.
(2) In addition to the Village Green, outdoor recreation facilities will consist of at
least three (3)tot lots to be placed in the approximate locations shown on the Plan
[reference 4.16.2].
(3) The community clubhouse will contain an outdoor swimming pool, indoor fitness
center, community room, business center, and leasing and management office for
the development. At least two outdoor (2) picnic table and at least two (2)
outdoor grills will be provided in the area adjacent to the creek behind the
clubhouse.
The Director of Planning may determine that substitutions of recreation facilities are in
general accord with this proffer and in satisfaction of the minimum requirements of
Section 4.16.2.1.
D. The applicant agrees to participate in the development of a regional SWM/BMP facility
in lieu of any requirement that it develop on-site SWM/BMP facilities for the Avemore
development.
(1) The regional SWM/BMP facility will be designed and sized to provide a standing
pool with a water quality volume equal to approximately 92,100 cubic feet at the
approximate location shown on the Plan.
(2) The regional SWM/BMP facility meeting the above design requirements shall
fulfill the Avemore development's requirement for stormwater quantity and
quality for all portions of the development draining to the facility. Any portion
not draining to the facility will have to meet the stormwater quantity and quality
requirements by means of a separate stormwater management plan.
(3) The regional SWM/BMP facility will be constructed by the applicant, at its initial
expense, during the first phase of Avemore construction, and will be completed
prior to the issuance of permits for additional phases.
(4) The engineering design of the regional SWM/BMP facility will be subject to final
engineering and site plan approval by Albemarle County's Department of
Engineering. The Department of Engineering will have the right to reduce the
design parameters outlined in this Item D if hydrology characteristics, hydraulic
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engineering, geotechnical engineering or topographic conditions dictate a
modified design.
(5) The proffer set forth in this Item D is contingent on the availability of contiguous
off-site property and the cooperation of the owners of such off-site property in
providing the necessary dedication of such property for the purposes of
construction and maintenance of the SWM/BMP facility. The off-site land will
be dedicated under terms satisfactory to the applicant and the County prior to
issuance of a grading permit for Avemore.
(6) In the event that the applicant determines that the regional SWM/BMP facility is
not feasible under the terms and conditions outlined in this Item D, the applicant
in its sole discretion shall have the right to construct on-site SWM/BMP
improvements to satisfy County water quality and water quantity requirements.
In such event,the proffers set forth in this Item D shall be null and void.
E. Applicant will acquire sufficient right-of-way, as determined by the County of Albemarle
Engineer, for a private, urban cross-section connector road that will be constructed to
VDOT Mountainous Terrain Standards. Such right-of-way will commence at the round-
about/parking area at the northeastern corner of the development, in the general area
shown on the Plan as "Reserved for Private Street Connection (24' Pavement
Maximum)," and will terminate at Olympia Drive. This right-of-way will be platted prior
to approval of a site plan for the Avemore development.
In conjunction with the construction of the phase closest to the area shown on the Plan as
"Reserved for Private Street Connection," the applicant will either construct the
connector road or bond with the County for the construction of the connector road. This
bond will be held until the completion of the connector road; provided, however, that if
Olympia Drive is not extended to a point where the connector road can be completed
within 15 years, the bond will be returned to the applicant, with interest.
F. Upon construction or widening of Fontana Drive, the applicant will construct a four foot
(4')wide, concrete sidewalk along Fontana Drive, between Avemore Boulevard and State
Route 20.
G. Internal walking paths will be five feet (5) wide and will be paved in asphalt.
H. Prior to site plan approval for phase 1 of Avemore, the applicant will dedicate to public
use an eight foot (8') wide right-of-way for the construction, maintenance and repair of a
sidewalk across Wilton Lots 16A, 16B, 17-1, 17-2 and 17-3, along the common boundary
of such lots with State Route 20.
The applicant will provide sufficient right-of-way in the area between Wilton Farm Road
and State Route 20 necessary to facilitate the construction of a second left-turn lane from
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Fontana Drive onto State Route 20, provided that such right-of-way will not create a
zoning violation for any existing improvements along the path of such new right-of-way.
This right-of-way will be provided at the time the Avemore road plan is approved by
Albemarle County.
J. The Open Space shown on the plan along the shared common boundary with lots 1
through 10,Fontana, Phase 1, will consist of(i) a forty foot(40') buffer which will not be
disturbed during construction and (ii) a seventy foot (70') building set back.
K. The applicant will contribute the lesser of(i) 50% of the cost of installing a traffic signal
at the intersection of Fontana Drive and State Route 20 or (ii) $50,000, such sum to be
applied only to the cost of installing such traffic signal. If the County obtains full
funding for such traffic signal from other sources and the applicant is not required to
contribute toward the cost of such signal, the applicant agrees that its contribution may be
applied instead toward the portion of the Route 20 improvement project in the area
between Fontana Drive and U.S. Route 250. Such payment will be made by the applicant
at the later to occur of (x) the installation of such traffic signal (or installation of the
Route 20 improvements, as the case may be) or (y) the issuance of the first building
permit for the Avemore development.
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at least 24"high at planting,and the gates and brick corners will be approximately
32"high At least three(3)benches will be provided in the Village Green The
Avemore ProQ'ers Village Green improvements will be built in conjunction with the construction of the
townhouse section phase of the development
I he apphr.ant's objective with this development is to provide a compact,high-density residential
development with a variety of housing types and environmental and developmental amenities (2) In addition to the Village Green,outdoor recreation fauhties will consist of at least
Fuuhues m ii appropriate and complementary professional and retail services will he located within three (3)tot lots to be placed in the approximate locations shown on the Plan
the development With design features such as sidewalks,a central green,a community clubhouse, [reference 4 16 2)
walking trails and preservation of open space,the development is intended to he sensitive to the
•
natural characteristics of the site and to the surrounding areas,to provide an improved level of (3) The community clubhouse will contain an outdoor swimming pool,indoor fitness
amenities, and to promote economical and efficient land use and appropriate and harmonious center,community room,business center,and leasing and management office for the
ph)steal development,in order to accomplish a design in keeping with the goats and objectives of development At least two outdoor(2)picnic table and at least two(2)outdoor grills
the County's Comprehensive Plan The development will be a premier residential community and will be provided in the area adjacent to the creek behind the clubhouse
will reflect the applicant's commitment to providing high quality and attractive architectural design 1 he Director of Planning may determine that substitutions of recreation facilities are in
In connection with the applicant's rezoning application,the following proffers are made. general accord with this proffer and in satisfaction of the minimum requirements of Section
4162I
A Ile Conceptual Development Plan dated March 28,2001,last revised May 10,2001 (the
"Plan"),attached hereto as Exhibit A,is proffered All improvements shown on the Plan will D The applicant agrees to participate in the development of a regional SWM/BMP facility in
he installed upon completion of all phases of construction The character of the development lieu of any requirement that it develop on-site SWM/BMP facilities for the Avemore
will be in general accord with the form and charactei that is suggested by and is compatible development
with the proposed building elevations attached as the exhibits listed below Modifications
to the elevations shown on the attached exhibits which are either suggested by or required (I) The regional SWM/BMP facility will be designed and sized to provide a standing
by the Albemarle County Architectural Review Board will be deemed to be in"general pool with a water quality volume equal to approximately 92,100 cubic feet at the
accord" approximate location shown on the Plan
Exhibit B "Shops,"dated 12-15-00 (2) The regional SWM/BMP facility meeting the above design requirements shall fulfill
Exhibit C "Apartments,"dated 12.15-00 the Avemore development's requirement for stormwater quantity and quality for all
Exhibit D "Garages,"dated 12-15-00 portions of the development draining to the facility Any portion not draining to the
Exhibit E "Townhomes,"dated 12.15-00 facility will have to meet the stormwater quantity and quality requirements by means
Exhibit F "Clubhouse,"dated 12-15-00 of a separate stormwater management plan
B Commercial buildings will have two(2)street facades(each with at least one street-level (3) The regional SWM/BMP facility will be constructed by the applicant,at its initial
entrance),facing both Fontana Drive and the development. expense,during the first phase of Avemore construction,and will be completed prior
to the issuance of permits for additional phases
C in satisfaction of the recreation facility requirements set forth in Section 4.16 of the County
Zoning Ordinance and in order to better meet the needs of the residents of Avemore,the (4) The engineering design of the regional SWM/BMP facility will be subject to final
following amenities are proffered engineering and site plan approval by Albemarle County's Department of
Engineering The Department of Engineering will have the right to reduce the design
(I) the Village Green will be surrounded by a hedge Large variety trees,2.5 inches in parameters outlined in this Item D ifhydrology characteristics,hydraulic engineering,
caliper or larger and of a species common to the area,will be located every 40 feet geotechnical engineering or topographic conditions dictate a modified design
on center between the hedge and the travelway surrounding the Village Green There
will be access points to the Village Green at each of the four corners,each of which (5) The proffer set forth in this Item D is contingent on the availability of contiguous off-
will consist of one(1)gateway flanked by two(2)brick corners The hedge will he site property and the cooperation of the owners of such off-site property in providing
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fay ill lli 04: 11p SL'01T L KRONER I0041296-2161 p.4 May 31 (11 04: 12p SCOTT I KRONER 1804129E-2161 P•5
the necessary dedication of such property foi the purposes of construction and I fhe Open Space shown on the plan along the shared common boundary with lots 1 through
maintenance of the SWM/BMP facility The off-site land will be dedicated under 10,Fontana,Phase 1,will consist of(i)a forty foot(40')buffer which will not be disturbed
terms satisfactory to the applicant and the County prior to issuance of a grading during construction and(ii)a seventy foot(70')building set back
permit for Avemore.
K The applicant will contribute the lesser of(i)50%of the cost of installing a traffic signalat
(6) In the event that the applicant conditions
that the regional Sa D,BMP facility is nut
the intersection of Fontana Dove and State Route 20 or(c) of 0,such sum to be applied
feasible under the terms and conditions outlined in this Item D,the applicant in its only to the cost of installing such traffic signal If the County obtains full funding for such
sole discretion shall have the right to construct on-site SWM/BMP improvements to traffic signal from other sources and the applicant is not required to contribute toward the
satisfy County water quality and water quantity requirements In such event,the cost of such signal,the applicant agrees that its contribution may be applied instead toward
proffers set forth in this Item D shall be null and void. the portion of the Route 20 improvement project in the area between Fontana Drive and U.S
Route 250 Such payment will be made by the applicant at the later to occur of(x)the
E Applicant will acquire sufficient right-of-way,as determined by the County of Albemarle installation of such traffic signal(or installation of the Route 20 improvements,as the cane
Engineer,for a private,urban cross-section connector road that will be constructed to VDO I
may be)or(y)the issuance of the first building permit for the Avemore development
Mountainous Terrain Standards Such right-of-way will commence at the round- tiubnutted as of the 31"day of May,20U1 by
about/parking area at the northeastern corner of the development,in the general area shown
on the Plan as"Reserved tor Private Street Connection(24'Pavement Maximum),"and will JEER MES,
terminate at Olympia Drive. I his right-of-way will he platted prior to approval of a site plan }I
for the Avemore development By .
In conjunction with the construction of the phase closest to the area shown on the Plan as Robert M Hauser,President
'Reserved for Private Street Connection,"the applicant will either construct the connector
road or bond with the County for the construction of the connector road 1 his bond will be B Robert G1tf BRIER OFFICE PARK,L L C.
Hauser,
Home Inc,M
held until the completion of the connector road;provided,however,that if Olympia
au to Drive _
isnot extended to a point where the connector road can be completed within 15 years,the By
bond will be returned to the applicant,with interest - `
Robert M Hauser,President
F Upon construction or widening of Fontana Dri4e,the applicant will construct a four toot(4')
wide,concrete sidewalk along Fontana Drive,between Avemore Boulevard and State Route
20
G Internal walking paths will be five feet(5')wide and will be paved in asphalt
II Prior to site plan approval for phase 1 of Avemore,the applicant will dedicate to public use
an eight foot (8')wide nght-of-way for the construction, maintenance and repair of a
sidewalk across Wilton Lots 16A,16B,17-1, 17-2 and 17-3,along the common boundary
of such lots with State Route 20.
1 The applicant will provide sufficient right-of-way in the area between Wilton Farm Road and
State Route 20 necessary to facilitate the construction of a second left-turn lane from Fontana
Drive onto State Route 20,provided that such right-of-way will not create a zoning violation
for any existing improvements along the path of such new right-of-way. This right-of-way
will be provided at the time the Avemore road plan is approved by Albemarle County
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