HomeMy WebLinkAboutZMA201900003 Proffers 2022-01-19ATTACHMENT13
Original Proffers X
Amendment
PROFFER STATEMENT
ZMA Number and Name: 2019-00003 Albemarle Business Campus
Parcel ID Numbers: 07600-00-00-05400, 07600-00-00-046A0, and 07600-00-
00-046FO (portion)
Owners: 5'" Street Forest LLC and Region Ten Community Services
Board, Inc.
Date of Proffer Signature: S eP 1, , 2020
10.17 acres to be rezoned from R-2 Residential to Neighborhood Model District
2.88 acres to be rezoned from R-10 Residential to Neighborhood Model District
0.58 acres to be rezoned from Commercial Office to Neighborhood Model District
Total: 13.63 acres to be rezoned to Neighborhood Model District
5' Street Forest LLC, a Virginia limited liability company is the owner of Tax Parcels 07600-00-
00-05400 and 07600-00-00-046A0, and is the contract purchaser of a 0.58 acre portion of Tax
Parcel 07600-00-00-046FO (collectively, the "Property"), which together are the subject of
rezoning application ZMA No. 2019-00003, a project known as "Albemarle Business Campus"
(the "Project"). Region Ten Community Services Board, Inc. is the current owner of Tax Parcel
07600-00-00-046170. 5" Street Forest LLC and Region Ten Community Services Board, Inc. are
hereinafter collectively referred to as the "Owner."
Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle
County Code), the Owner hereby voluntarily proffers the conditions listed below, which shall be
applied to the Property if it is rezoned to the requested Neighborhood Model District (NMD).
These conditions are proffered as a part of the requested rezoning and the Owner and applicant
specifically deem the following proffers reasonable and appropriate, as conclusively evidenced
by the signature(s) below. Each signatory below signing on behalf of the Owner covenants and
warrants that it is an authorized signatory of the Owner for this Proffer Statement.
a. Prior to the issuance of certificate of occupancy for any building with a use that solely
or collectively (with other existing uses on the Property) would genemte more than
487 vehicle trips per day, the Owner shall contribute Five Hundred Thousand Dollars
($500,000.00) as a cash contribution (the "Cash Contribution") to Albemarle
County's Capital Improvement Program (CIP) fund.
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b. Prior to or concurrent with the Cash Contribution payment, the Owner shall dedicate
for public use a portion of the Property, as shown on the "Single -Lane Roundabout
Exhibit" prepared by Shimp Engineering, dated March 18, 2019 with a revision date
of March 16, 2020 (the "Roundabout Exhibit"), attached hereto.
2. TRIP GENERATION: Daily and peak hour vehicular trips shall be noted on all site plans
and zoning clearances on the Property. Site plans and zoning clearances on the Property must
contain a note that itemizes each proposed use, and if applicable, each previously approved
use that is expected to continue, with its affiliated daily and peak vehicular trips. Neither a
site plan nor a zoning clearance shall be issued if the combined uses on the Property are
estimated to generate a number of daily vehicular trips exceeding 3,200 or a number of peak
hour trips exceeding 509. Trip generation numbers shall be derived from the then -current
edition of the Institute of Transportation Engineers Trip Generation Manual and shall account
for internal trip capture for mixed -use developments, as determined by the Director of
Community Development or the Director's designee.
3. PERFORMANCE AGREEMENT: The Owner shall develop the Property and the Project
in accord with the terms and conditions of that certain Performance Agreement between
Albemarle County, the Albemarle County Economic Development Authority, and 5ih Street
Forest LLC, dated April 15, 2020 (the `Performance Agreement"), as it may be amended in
the future pursuant to the terns and conditions thereof.
(Signature Pages Immediately Follow)
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WITNESS the following signatures:
OWNER:
Owner of Tax Parcels 07600-00-00-05400 and 07600-00-00-046A0:
5TH STREET FOREST LLC,
a Virginia limited liability company
By: xs�z-
Kyle Redinger, Manager
COMMONWEALTH OF VIRGINIA
'COUNTY OF u: \\e_ ,to wit:
The foregoing instrument was acknowledged before me this M4 day of Se=�2020
by Kyle Redinger, Manager of Albemarle Land Development LLC.
My Commission expires: c � ` 7aa\ L�a � tz�,�
Notary Public
SrANDELLf REHEE WD.1.heCammenweahh elVlrgMgo.M hs 358MYcomml &a J
Ell
Owner of Tax Parce107600-00-00-046F0:
REGION TEN COMMUNITY SERVICES BOARD, INC.
a Virginia corporation
1p
By: 61v
Lisa Beitz, Executiv*irector
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