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HomeMy WebLinkAboutZMA202100016 Proffers 2021-12-13111 MI 01 AMENDED PROFFER STATEMENT UNIVERSITY OF VIRGINIA FOUNDATION NORTH FORK REZONING AMENDMENT Date: December 13, 2021 ZMA-2021- North Fork Tax Map Parcels — see list of parcel numbers, existing zoning designation, and proposed zoning designation below Parcel Owner Existing Zoning Designation Proposed Zoning Designation Acres 03200000001800 University of Virginia Foundation PDJP NMD 11.22 032000000018A0 University of Virginia Foundation PDJP NMD 9.501 032000000006R0 Portion University of Virginia Foundation PDJP NMD 172.3 032000000006R0 Residue University of Virginia Foundation PDJP PD-IP' 295.223 032000000022B1 University of Virginia Foundation HI" PD-IP 4.979 032000000022B2 University of Virginia Foundation Rt PD-IP 1.897 032000000019F1 University of Virginia Foundation PDJP PD-IP' 2.532 032000000019GO University of Virginia Foundation PDJP PDJP' 4.77 032000000019EO University of Virginia Foundation PDJP PD-IP' 7.1 032000000019CO University of Virginia Foundation PDJP PD-IP' 4.863 032000000019FO University of Virginia Foundation PDJP PD-IP' 6.024 032000000006A2 University of Virginia Foundation PDJP PD-IP' 7.11 032000000019,11 University of Vir inia Real Estate Foundation PDJP PD-IP' 4.669 032000000019HO University of Virginia Real Estate Foundation PDJP PD-IP' 2.601 032000000019JO University of Virginia Real Estate Foundation I PD-IP PD-IP' 4 333 Total Acres: 539.122 'The Application Plan and Proffers are being amended for those parcels that are remaining PDJP. "The existing HI Property associated with ZMA 1987-007 is being amended to be rezoned to PD-IP and remove existing proffers All of the parcels listed above are part of ZMA 2021- and subject to these proffers (the "Property"). Some of the parcels comprising the Property were originally rezoned as part of the original rezoning of the University of Virginia Research Park to Planned Development -Industrial Park as ZMA 95-04, which was amended by ZMA 1998-27. The zoning was further amended with ZMA 2005-0003, which added additional parcels. Parcel 32-22B1 was zoned Heavy Industrial ("HI") by ZMA 1989-07. ZMA 95-04, ZMA 1998-27, ZMA 2005-003, and ZMA 1989-07, together with all applicable application plans and proffer statements associated therewith, are collectively referred to herein as the "Prior Zoning Actions." This rezoning amendment application proposes to rezone some of the parcels subject to the prior Zoning Actions from Planned Development -Industrial Park ("PD-IP") to Neighborhood Model District ("NMD"), to rezone one parcel from R-1 Residential ("R-1") to PD-IP, to rezone one parcel from III to PD-IP, and to amend previously approved application plans and proffers associated with the Prior Zoning Actions, each as listed in more detail on the table on page one herein (this "Amendment"). This amended proffer statement (this "Amended Proffer Statement") modifies and supersedes all prior proffer statements associated with the Prior Zoning Actions. The development of the Property authorized by ZMA 2021- is referred to as the "Project." The University of Virginia Foundation is the owner of the Property (the "Owner") and the Applicant of this Amendment (the "Applicant"). The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the property subject to ZMA 2021- as requested, the Owner shall develop the Property in general accord with the following proffers pursuant to Sections 15.2-2303 and 15.2- 2303.4 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.7 of the Albemarle County Zoning Ordinance. The Owner specifically deems the following proffers reasonable and appropriate, as conclusively evidenced by the signatures below. If rezoning application ZMA 2021- is denied, these proffers shall immediately be null and void and of no further force and effect. I. APPLICATION PLAN AND CODE OF DEVELOPMENT 1.1. The Property is depicted on the plans entitled "North Fork ZMA Rezoning Application Plan" dated December 13, 2021, prepared by Timmons Group and LPDA (the "Application Plan"). Exhibit N to the Application Plan is a Code of Development that shall regulate the development of the areas within the Project zoned NMD (the "Code of Development). II. OWNERS ASSOCIATION AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 If required by the County prior to the first site plan or subdivison plat for any use in the Project following the approval of ZMA 2021-_, the Applicant will record in the land records an instrument amending the existing Declaration of Covenants, Conditions, Restrictions and Easement (as amended) (the "Declaration") to add those portions of the Property that are not already subject to the Declaration, and amending the applicable provisions of the Declaration to reflect this Amendment. [we can delete this section if determined by the County to not be necessary] III. GROSS NON-RESIDENTIAL FLOOR AREA TO BE DEVELOPED 3.1 Total Non -Residential Buildout. Total maximum square footage of non-residential uses developed within the Project shall not exceed 3,700,000 square feet gross floor area (the "Non - Residential Limit"). The Non -Residential limit shall expressly exclude the following uses: a. Recycling centers b. Structures included as amenities within Green Space or amenity areas (as shown on the Application Plan or as regulated by the Code of Development) or any other common area, such as picnic shelters, trail head kiosks, and restrooms. 2 c. Fire and emergency response stations(s) d. Temporary construction uses e. Storage buildings f. Utility infrastructure g. Public Uses h. Other uses? MPAW Ir;Y_Y_W101IL9RM)131 Y W Y D117 V. TRANSPORTATION [Note: Draft Proffers may be further revised following comments from VDOT and County staff to the Traffic Study submitted on December 13, 20211 5.1 Internal Road Network. Applicant has and shall provide vehicular access within the Project by an internal road network generally in the locations shown on Exhibit C: NMD-PDIP Application Plan, and Exhibit G: Transportation Plan (the "Internal Road Network"). Applicant shall design, construct, and install signs and signalization for the Internal Road Network in accordance with road plans approved by the Virginia Department of Transportation ("VDOT"'). The exact location of roadways depicted on the Internal Road Network shall be subject to adjustment during the subdivision plat/site plan process. 5.2 Intentionally Omitted. 5.3 Intentionally Omitted. 5.4 Proffered Road Improvements. Applicant shall design, construct and/or contribute for road improvements in phases. Road improvement proffered in this Section 5 shall not include dedication of land unless expressly provided for herein. All construction by Applicant of offsite road improvements shall be conditioned upon the County or VDOT obtaining required right-of-way (if such right-of-way is not owned in fee simple by Applicant), unless expressly provided herein. So long as Applicant is ready, willing and able to construct an improvement as provided in these proffers, even though the necessary right-of-way is not available (and in the instances in which Applicant has proffered to acquire right-of-way, and the Applicant has made good faith efforts to acquire the land necessary for such right-of-way) Applicant shall not be precluded from developing the approved density build -out under the applicable zoning, unless the improvement is otherwise required by applicable regulations or ordinances. Notwithstanding anything to the contrary herein, for property acquisition that is required for the off -site public right of way for construction of the improvements by this Section 5, Applicant 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 appraisal prepared for acquisition or condemnation purposes. If the cost of the right of way acquisition exceeds the amount previously contributed above, then Applicant shall reimburse the County all such excess costs within thirty (30) days 3 after request by the County. The County shall refund to the Applicant all excess contributions upon completion of the land acquisition. 5.5. Prior to approval of a site plan or subdivision plat that would authorize the aggregate number of dwelling units within the Project to exceed eight hundred (800); or upon the completion of a traffic count demonstrating that the eastbound left turn volume at the intersection of Route 29 and Lewis & Clark Drive exceeds three hundred (300) vehicles during the PM peak hour, the Owner shall install a second eastbound left turn lane from Lewis & Clark Drive on to Route 29 north at such intersection. 5.6 Prior to the Prior to the approval of a site plan or subdivision plat that would authorize the aggregate number of dwelling units within the Project to exceed one thousand, three hundred (1,300); or upon the completion of a traffic count demonstrating that the northbound left turn volume at the intersection of Route 29 and Lewis & Clark Drive exceeds three hundred (300) vehicles during the AM peak hour, the Applicant shall install a second northbound left turn lane from Route 29 into the Property at Lewis & Clark Drive at such intersection. 5.7 Applicant shall acquire (or reimburse the acquiring governmental entity for acquisition costs, if Applicant is unable to acquire) right of way for, design and construct either or both of the road improvements contained in paragraphs 5.5 or 5.6 herein. 5.8. Level of Service Standards. Provided that a traffic study (or traffic counts, as applicable) approved by VDOT demonstrates that the following intersections (including all turning movements) will function, with the proposed additional site plan or subdivision plat approval, with a delay that is equivalent to or better than the following: a Level of Service ("LOS") "C" average at the intersection of Lewis & Clark Drive and US Route 29, and LOS "D" for each individual turning movement at the Lewis & Clark/US Route 29 intersection, and LOS "M average at the following intersections: (i) Airport Road and Lewis & Clark Drive; (ii) Route 606 and Qual Run; and (iii) Route 606 and Airport Road (collectively, the "LOS Standard") then the Applicant shall not be required to construct additional road improvements as a condition of approval of any site plan or subdivision plat. 5.9. Prior to the approval of a site plan or subdivision plat within the Project that would result in an increase in the projected average daily trips to and from the Project, the Applicant shall construct the following road improvements, unless a traffic study approved by VDOT (or a traffic count if the site plan review process does not otherwise require a traffic study) demonstrates that the LOS Standard would continue to be met even with the approval of the proposed site plan or subdivision plat. A. Construction of a second eastbound right turn lane from Lewis and Clark Drive onto Route 29. 0 B. Widening of Lewis & Clark Drive to four lanes when traffic volumes within the Project create the need for such widening. C. Upon the request of the County, the Applicant shall dedicate to public use and convey in fee simple an area within its Project necessary for construction of a grade separated interchange. The approximate location shall be as designated on Exhibit M as "Right of Way Area Reserved for Possible Future Grade Separated Interchange." Applicant shall dedicate such area without consideration. If the area is dedicated by one or more subdivision plats, each such subdivision plat shall depict the area to be dedicated and bear a notation that it is dedicated for public use. If the area has not been dedicated by subdivision plat, the Applicant shall pay the costs of surveying the area, preparing one or more plats thereof and preparing and recording one or more deeds of dedication. It is Applicant's desire to participate in the design for such interchange so that Applicant may preserve the aesthetic features of the Project's entrance. D. The one hundred fifty (150) foot buffer adjacent to Dickerson Road and shown as "150' Buffer Area" on Exhibit C may be reduced by up to fifty (50) feet if the dedication of right of way is required for the widening of Dickerson Road by VDOT. If the dedication of right of way is required for the widening of Dickerson Road, the Applicant shall dedicate, without monetary consideration, the right of way within six (6) months following the Applicant's receipt of the written request by the County. The Applicant shall pay the cost of any survey or subdivision plat depicting the right of way, and preparing and recording a deed of dedication, which shall convey the right of way to the County in fee simple. VI. RECREATIONAL AREAS AND OPEN SPACE 6.1 PD-IP Recreational Areas. In the areas zoned PD-IP, the Applicant shall develop active amenity areas, including recreation, playing fields and picnic areas as shown as "Sports Fields/Active Rec Area" on Exhibit O Open Space System Phasing Plan [this was Exhibit N to the original Application Plan from ZMA 95-04, which will eventually be attached as an exhibit to the 2021 Application Plan, to be labeled Exhibit O], which area is shown as "Park Parcel" on Exhibit C to the Application Plan. Such recreation areas, unless conveyed to the County, shall be maintained by the Applicant or an Owner's Association. Within six (6) months after the Applicant's receipt of a written request from the County, the Applicant shall convey to the County, without monetary consideration, the Sports Fields depicted on Exhibit O]. The Applicant shall pay the costs of surveying the Sports Fields parcel, the costs of preparing any subdivision plat, and the cost of preparing and recording any deed of dedication for the Sports Fields. Any deed of dedication shall expressly require the Sports Fields to be lighted if desired by the Applicant, provided that all such lighting fixtures comply with the County Code and lighting poles not exceed seventy (70) feet in height. E 6.2 NMD Amenity Areas. In the areas zoned NMD, the Code of Development shall regulate the development of Amenity Areas 6.3 Open Space. Applicant shall restrict development of areas not shown as development parcels on Exhibit C to the Application Plan entitled "NMD-PDIP Application Plan," and subject to the terms thereof. The total area of green space and open space over the entirety of North Fork (areas zoned NMD and areas zoned PD-IP) will not be less than 200 acres. The Code of Development shall regulate the open space in the areas zoned NMD. In the areas of the Project zoned PD-IP, no structural improvements other than utilities, pedestrian and riding trails, and Common Area amenities shall be constructed in these areas, or as otherwise permitted by applicable provisions of the County Code. 6.4 Rivanna Greenway. Upon request of Albemarle County, the Owner shall dedicate to the County for public use either in fee simple or as one or more easements, a Greenway no less than one hundred (100) feet in width along the boundary of the Property and adjacent to the Rivanna River as shown on Exhibit O: Open Space System Phasing Plan [Note: this was Exhibit N to the 2005-003 Application Plan, will be relabeled Exhibit O and attached to the 2021 Application Plan] (the "Greenway"), subject to reasonable terms and conditions of the Owner. No structural improvements other than pedestrian and riding trails shall be constructed or erected within the Greenway without the consent of the Owner. Utilities may be provided in the Greenway if, in the reasonable opinion of the County Engineer, there is no reasonable alternative. The Owner will reserve the right to build pedestrian bridges, trails, and similar low -impact recreational amenities in the Greenway. The Owner shall convey the Greenway by Deed of Dedication or Deed of Easement Agreement. The Owner shall pay for the costs of any survey, the cost of preparing any subdivision plat, and the cost of preparing and recording any Deed. After dedication, the Greenway shall continue to be counted as open space for the Project. 6.5 Cemetery and Ice Pit Site. Applicant shall not disturb the existing family cemetery located approximately in the area as shown on the Open Space System Phasing Plan [to be attached as Exhibit O], and shall maintain the area consistent with the preservation plan which incorporates the cemetery, ice house and former homestead site into the development of the Project, which memorializes the historical significance of the site consistent with the wishes of the family of those interred in the cemetery, and which was filed with the County Community Development Department in connection with the approval of ZMA 2005-003. [confirm whether this preservation plan is has been implemented and/or whether this is still needed] VII. LANDSCAPING AND BUFFERING 0 7.1 Buffer Areas. The Owner shall not disturb the Buffer Areas (the `Buffer Areas") as depicted on the Application Plan for all areas within the Project, and as regulated by the Code of Development for areas zoned NMD, other than to: i) establish and maintain signage, fences or walls; ii) remove underbrush; iii) plant landscaping trees for screening; (iv) install, replace, or repair utilities; (v) construct an interconnection along the eastern boundary between development blocks B 10 and B 11 as shown on Exhibit F, NMD Area Application Plan; (vi) dedicate land to the County pursuant to paragraph 5.9.13 herein (allowing the 150 foot buffer to be reduced by 50' for the dedication of land along Dickerson Road); or (vii) such other uses as reasonably permitted by the Planning Director or designee. The Owner shall plant additional landscaping in Buffer Areas as reasonably required for screening appropriate for the use proposed. 7.2 Eastern Buffer. The area in Blocks D-1 and D-2 on the east side of Lewis and Clark Drive and the eastern boundary of the Property in that block is a 50-foot buffer as shown on Exhibit F to the Application Plan (the "Eastern Buffer"). The Eastern Buffer may be disturbed in conjunction with the construction and maintenance of the public street shown on the Application Plan as Lewis and Clark Drive, provided that the land disturbing activity in the Eastern Buffer shall be the minimum necessary as reasonably determined by the County Engineer and reasonable construction practices to allow for the construction and maintenance of Lewis and Clark Drive, including all sidewalks and pedestrian pathways, and the construction and maintenance of erosion and sediment control structures and measures, drainage facilities, and stormwater management facilities which may be located either within or out of the Eastern Buffer. 7.3 Landscaping within Eastern Buffer. Any portion of the Eastern Buffer that is disturbed as provided in paragraph 7.2 (A) shall be landscaped by the Applicant as provided herein within one hundred eighty (180) days after the County's Program Authority releases the erosion and sediment control bond for land disturbing activity within the Eastern Buffer. The disturbed portion of the Eastern Buffer shall be planted in accordance with a landscaping plan approved by the County in conjunction with the road plan and profile for Lewis and Clark Drive. The landscaping plan shall include the following: (i) an informal mix of native species evergreens planted at least five (5) feet in height, serving as screening trees, loosely staggered, fifteen (15) feet on -center; (ii) the same species of screening trees shall be clustered in groups and alternate groups of screening trees shall be provided to create a naturalistic rural landscape; (iii) shade trees shall be interspersed among the screening trees; (iv) clusters of ornamental trees shall be provided in groups of 3's and 5's; and (v) tall shrubs shall be massed to help integrate the proposed plantings into a naturalistic rural landscape. Approved plant species shall be obtained from the Albemarle County Recommended Plant List and the buffer design shall be subject to the review and approval of the Director of the Department of Community Development or his/her designee. The minimum caliper of all shade trees identified herein shall be two and one-half (2 %2) inches at the time of planting. The Eastern Buffer shall be maintained by the Applicant. 7 VIII. FIRE RESCUE STATION 8.1 Fire Rescue Station. The Applicant has leased to the County the Fire Rescue Station Parcel which is identified as Tax Map Parcel 32-18B (the "Fire Rescue Station Parcel') at no cost to the County and under such other terms required by the County, pursuant to paragraph 8.1 of the proffer statement approved with ZMA 95-04 (the "Fire Rescue Station Land Lease"). The Fire Rescue Station Land Lease shall be for a term that extends until the Applicant dedicates the Fire Rescue Station Parcel, or portion thereof, to the County as provided in paragraph 8.3. 8.2 Extension of Public Sewer to Fire Station. As condition of final subdivision plat or final site plan approval for any development within Block D-1, the Applicant shall design and construct at its sole expense, or provide a sufficient bond or other form of surety to the County in an amount sufficient to assure construction and acceptance by the appropriate authority, a public sewer to serve the Fire Rescue Station Parcel and, in conjunction with such construction and upon request by the developer of the Fire Rescue Station Parcel, shall install a lateral from the public sewer that connects the Fire Rescue Station to the public sewer. If such request is made, the developer of the Fire Rescue Station Parcel shall reimburse the Applicant for its costs to design and install the lateral, and shall pay all fees required for connecting the Fire Rescue Station to the public sewer system. Reimbursement shall be made within sixty (60) days of receipt by the developer of a request for reimbursement accompanied by documentation to support the amount requested. Once the Fire Rescue Station is connected to the public sewer system the Applicant close and remove it at its sole expense. 8.3 Dedication of Fire Rescue Station Parcel. Within ninety (90) days after the Fire Rescue Station Parcel is served by the public sewer system as provided in Section 8.2 herein, the Applicant shall dedicate to the County in fee simple the Fire Rescue Station Parcel, less that portion no longer needed for the septic disposal system, and less such adjoining lands within the Fire Rescue Station Parcel determined by the County to not be needed for public use (the "Dedication Parcel'). The size of the Dedication Parcel is estimated to be approximately 111,021 square feet (2.55 acres) and as shown on Exhibit B to the proffers approved with ZMA 2005-002. The Applicant shall bear the costs of preparing the subdivision plat necessary for the dedication of the Dedication Parcel to the County, and any other required plats or surveys, and the preparation of the deed to convey the Dedication Parcel to the County. Upon such conveyance, the Fire Rescue Station Land Lease shall terminate. IX. HISTORIC 9.1 Prior to approval of the first preliminary subdivision plat or preliminary site plan or an early grading permit within Block D-1 or D-2 as shown on the Application Plan (except for the Fire Rescue Station Parcel), the Owner shall provide a reconnaissance level survey performed by an architectural historian or other qualified individual to adequately provide an archival record of the existing buildings within Blocks D-1 and 0 D-2. The survey shall meet the requirements of the Virginia Department of Historic Resources (VDHR) and be provided on the VDHR Reconnaissance Survey Field Form. [Has this been completed? Is it still applicable/necessary?] X. LAND DEDICATION 10.1 Disposition of Dedicated Property. In the event any of the property dedicated to the County pursuant to the terms of this Proffer Statement is not used for the purpose for which it is proffered, within twenty (20) years after recordation of the Deed of Dedication or Deed of Easement, as applicable, then such property may then be used for open space or some other use at the Owner's election, subject to applicable rules and regulations. XI. PROJECT PROGRESS REPORT 11.1 Project Report. If requested by the Planning Director or designee as part of any site plan within the Project, the Applicant shall include a summary chart of total gross square footage completed within the Project to date, to assist the Planning Director in monitoring compliance with this Proffer Statement. These proffers shall run with the Property and each reference to the "Applicant" within these proffers shall include within its meaning, and shall be binding upon, Applicant's successor(s) in interest and/or the developer(s) of the Property or any portion of the Property. OWNER: UNIVERSITY OF VIRGINIA FOUNDATION a Virginia non -stock corporation IC 46651722.1 Tim R. Rose, Chief Executive Officer 0