HomeMy WebLinkAboutZMA200600014 Proffers 2008-03-18Original Proffer X .
Amendment
PROFFER FORM
Date of Proffer Signature: 03-18-2008
ZMA: 4 06-014
Tax Map and Parcel Number: 60F-3
1.051 Acres to be rezoned from C-1 to NMD
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 with the offered plans
approved for development. These conditions are proffered as a part of the requested rezoning and it is acknowledged that
the conditions are reasonable.
1. The Owner shall install a permanent 5 -bike bicycle rack as shown on the revised plan entitled, "General Development
Plan page 2 of 4", dated 1-19-07 and last revised 2-25-08, hereinafter referred to as the "Plan". Installation of the bicycle
rack shall be completed prior to the issuance of the certificate of occupancy for the building to be erected on the property.
2. The Owner shall construct one bus shelter as shown on the Plan with the dimensions as follows: mine foot (9') - wide
shelter with six foot (6') all metal bench with back. Construction of the bus shelter shall be completed prior to the
issuance of the certificate of occupancy for the building to be erected on the property. If VDOT and the County
transportation planner do not determine the location of the bus shelter prior to final site plan approval, then upon the
subsequent determination of the shelter location by VDOT and the County transportation planner, and upon written
request by the County, the Owner shall construct the shelter and metal bench in the selected location at its sole expense,
but not to exceed seven thousand eight hundred dollars ($7,800). The Owner shall complete construction of the shelter
and bench within 90 days after the date of the written request by the County.
3. Each building to be constructed on the property shall be rated a minimum of "Certified" (or demonstrated to the
County's Director of Community Development's satisfaction to be eligible to receive such certification) under the LEED-
NC Green Building Rating System for New Construction and Major Renovations, Version 2.2 (October 2005) or the
tD
LEED Green Building Rating System for Core & Shell Development, Version 2.0 (July 2006),. as applicable (collectively,
the "LEED Compliant Commercial Space"), Prior to issuance of the buildinIn
g permit for any proposed LEED compliant
space, the Owner shall provide to the County Director of Community Development a certification from.a. LEED certified
architect that such space, if constructed in accordance with the building plans, is designed to achieve the minimum
"Certified" rating under LEED provided in this Proffer 3. Before the Owner requests a certificate of occupancy for any
building for which a LEED certified architect rendered such a certificate, the Owner shall submit to the County's Director
of Community Development a written statement from the architect that the building was built to the plans on which the
opinion was based. For each building containing LEED compliant space, the Owner shall provide a copy of the LEED
certification. to the County's Director of Community Development within one (1) year after the date the certificate of
occupancy was issued for that building.
4: The preliminary and final site plan shall delineate the Conservation and Preservation Areas -on the property. The Owner
shall replace trees that must be removed in Conservation Areas. Replacement shall be two (2) trees of similar species or
quality for each removed or destroyed tree. All tree replacement shall be in accord with the final landscape plan for
the final site plan for the Property. The Owner's obligation to replace trees within the Conservation Areas shall be
completed within the following planting season: The trees to be replaced must be in excess of 12" dbh and shall be
'a similar species or quality of not less than 2.5" dbh, as determined by the County's
replaced with trees of the same or
Director of Community Development..
CKW2 LLC
Community Deve1c;pitieof Denart
1
F114LM4 � 'Z
By:Chris
is Kabbasl'
ItApproved by the Board of Supervisors
Its Me
Date :2)_' —®k
PROFFER FORM
Date of Proffer Signature: 01-29-2008
ZMA: # 06-014
Tax Map and Parcel Number: 60F-3
1.051 Acres to be rezoned from C-1 to NMD
Original Proffer XXX
Amendment
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 with the offered plans
approved for development. These conditions are proffered as a part of the requested rezoning and it is agreed that the
conditions are reasonable.
1. Install permanent 5 -bike bicycle rack as shown on the revised plan submittal to you on October 19, 2007 to be
constructed no later then the issuance of the certificate of occupancy for the building to be erected on the property;
2. Applicant will construct bus shelter as shown on the submitted revised plan with the dimensions as follows: nine foot
(9') shelter with six foot (6') all metal bench with back, to be constructed no later than the issuance of the certificate of
occupancy for the building to be erected on the property. If VDOT and the County transportation planner do not
determine the location of the bus shelter by the time of issuance of the certificate of occupancy for the building erected on
the property, then the applicant will pay for the shelter costs, installation and bench up to $7800. In the event that actual
construction costs are less, applicant will pay the actual costs of construction;
Annual Adjustment of Cash Proffers: Beginning January 1, 2008, 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
Comparative Cost Multiplier, Regional City Average, Southwest Average, Category C: Masonry Bearing Walls issued by
Marshall Valuation Services(a/k/a Marshall & Swift) (the `Index') or the most applicable Marshall & Swift index
determined by the County if Marshall & Swift ceases publication of the Index identified herein. In no event shall any cash
contribution adjusted to a sum less than the amount initially estimated 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 index as of December I in the preceding calendar year, and the denominator of which shall be the index as of
December I in the year preceding 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. The building to be constructed on the property shall be rated a minimum of "Certified" (or demonstrated to the
County's Director of Community Development's satisfaction to be eligible to receive such certification) under the LEED-
NC Green Building Rating System for New Construction and Major Renovations, Version 2.2 (October 2005) or the
LEED Green Building Rating System for Core & Shell Development, Version 2.0 (July 2006), as applicable (collectively,
the "LEED Compliant Commercial Space, the Owner shall provide to the County Director of Community Development
the opinion of a licensed architect that such space if constructed in accordance with the building plans, is designed to
achieve the minimum "Certified" rating. Before the owner requests that a certificate of occupancy for any building for
which a licensed architect rendered such an opinion, the owner shall submit to the County's Director of Community
Development a written statement from the architect that the building was built to the plans on which the opinion was
based.
4. During Site Plan Process the Conservation and Preservation areas will be marked on the plan.
Signatures of All Owners
OR
Signature of Attorney -in -Fact Printed Name of Attorney -in -Fact
Date