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HomeMy WebLinkAboutSP200200072 Action Letter COUNTY OF ALBEMARLE Department of Community Development 40] Mcintire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 August 23, 2006 Donald J. Wagner GEMC & Riverbend, LP PO Box 5526 Charlottesville, VA 22905 RE: ZMA-00-009 North Pointe PO-Me (SignS #97, 98, 99) AND SP-02-072 North Pointe Residential Uses (SignS #97, 98, 99) Tax Map 32 Parcels 20, 20a, 20a1, 20a2, 20a3, 22h 22k, 23, 23a, 23b, 23c, 23d, 23e, 23 f, 23g, 23h, 23j and 29i Dear Mr. Wagner: The Board of Supervisors approved ZMA-2000-009 North Pointe on August 2,2006. Your rezoning from RA Rural Area to PD-MC Planned Development Mixed Commercial was approved in accordance with the attached proffers dated July 20, 2006. An application plan/plan of development dated June 13, 2006 was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. On August 2, 2006, the Albemarle County Board of Supervisors also took action on SP 2002- 072 North Pointe to allow Residential Uses on Tax Map 32 Parcels 20, 20a, 20a1, 20a2, 20a3, 22h 22k, 23, 23a, 23b, 23c, 23d, 23e, 23 f, 23g, 23h, 23j and 29i in the Rivanna Magisterial District. This special use permit was approved based on the following conditions: 1. Residential mix. The dwelling units within the Project shall consist of the following three types: (a) single-family detached, including carriage house units; (b) multi-family; and (c) other (consisting of townhouses, duplexes, attached housing, condominiums in the commercial areas and any other unidentified housing types). The minimum number of each of the three dwelling unit types shall be 205 of the 893 total permitted dwelling units. 2. Phasinq of residential units. Beginning from the date of approval of the first commercial building permit, the owner shall record subdivision plats creating a minimum of forty (40) lots for single family detached residential units each year thereafter until plats have been recorded creating lots for a minimum of two hundred (200) single family detached residential units. If the owner records subdivision plats creating lots for more than forty Wagner Page 2 of 8 August 23, 2006 (40) single family detached residential units in any year (including any year prior to the date of approval of the first commercial building permit), the excess lots shall be credited to the lots required in subsequent years. 3. Conservation areas. The conservation areas shown on the Application Plan shall remain undisturbed and shall be protected from development impacts to the satisfaction of the County's program authority for the Water Protection Ordinance (Chapter 17 of the Albemarle County Code) (the "Program Authority"); except that the pedestrian paths shown on the Application Plan may be placed in a conservation area where shown on the Application Plan. Storm drainage outfalls and other pedestrian paths may only be placed in conservation areas if the Program Authority finds that no other location is reasonably available and that the disturbance is necessary for such a proposed use. Notwithstanding the terms of this Condition 3 to the contrary, the Program Authority may approve a utility main within a conservation area, even if it is not shown on the Application Plan, and the Program Authority may approve other disturbances and/or measures as may be appropriate in the Program Authority's discretion to further protect a conservation area. 4. Conservation areas with utilities. The conservation areas with utilities shown on the Application Plan shall remain undisturbed and shall be protected from development impacts to the satisfaction of the Program Authority; except that: A. The streets and pedestrian paths shown on the Application Plan may be placed in a conservation area with utilities where shown on the Application Plan. Other pedestrian paths, other streets, and sanitary sewers, storm drainage outfalls, and/or stream mitigation measures may only be placed in a conservation area with utilities if the Program Authority finds that no other location is reasonably available and the disturbance is necessary for such a proposed use. In any event, the construction, maintenance and use of the improvements shall have the minimum environmental impact on the conservation area with utilities necessary for the improvements to be established and maintained, and the long-term impacts shall be adequately mitigated. Nothing in this condition shall be construed to obviate the requirements established for stream buffers under Chapter 17 of the Albemarle County Code or shall constitute a waiver of such requirements. B. Erosion and sediment control structures and measures shall be permitted within a conservation area with utilities solely to address impacts from authorized land disturbing activity within such area, unless otherwise requested by the Owner and approved by the Program Authority. C. The Program Authority may approve other disturbances and/or measures as may be appropriate in the Program Authority's discretion to further protect a conservation area with utilities. 5. Open space. The Owner shall restrict from development all open space areas designated as greenway, buffer areas and park areas shown on the Application Plan. This condition shall not apply to development parcels, conservation areas, and conservation areas with utilities shown on the Application Plan. Wagner Page 3 of 8 August 23, 2006 A. Open space areas not dedicated to public use shall be for the use and enjoyment of the residents of the Project, subject to the restrictions that may be imposed by any declaration recorded as part of a conveyance of these areas to a homeowner's association. Open space areas dedicated to public use shall be for the use and enjoyment of the public, including the residents of the Project. B. No structural improvements other than utilities, pedestrian and biking trails, and common area amenities such as playgrounds, picnic areas, hardscapes, and PAR exercise equipment shall be established and maintained in the open space areas. 6. Aqqreqate set aside for open-space related areas. In no event shall the total area of open-space related areas comprised of the conservation areas (Condition 3), conservation areas with utilities (Condition 4), open space (Condition 5), greenway (Conditions 5 and 7), and landscaped buffer areas (Conditions 5 and 8) shown on the Application Plan, be less than a total of thirty-five percent (35%) of the total land within the Project to be developed for residential uses, as shown on Sheet G to the Application Plan entitled "Open Space and Green Way Plan," dated March 6, 2006 ("Sheet G"). 7. Rivanna qreenwav/access. The Owner shall reserve for dedication to public use a greenway along the boundary of the Project and adjacent to the Rivanna River, between the flood plain line and a preservation area (hereinafter, the "greenway") as shown on Sheet G. A. The Owner may grant such utility easements across the greenway as are required for a forced main utility and for the proposed uses shown on the Application Plan, each with the prior written consent of the County. Erosion and sediment control structures and measures shall be permitted within a greenway solely to address impacts from authorized land disturbing activity within the greenway, except as otherwise requested by the Owner and approved by the Program Authority. B. The Owner shall dedicate to public use the greenway and all pathways shown through land depicted on Sheet G as "Greenway"; provided, however, that the property owners within the Project shall have access to and over such pathways at all times the pathways are open to the public. The greenway and pathways shall be dedicated either upon the request of the County, or in conjunction with the platting of the residential lots adjacent to the section of the greenway to be dedicated. If the greenway and pathways are dedicated by platting, the greenway and pathways shall be set apart on the plat for public use with a notation that the greenway and pathways are dedicated for public use. If the County accepts dedication of the lake referenced in section VI of the Proffer Statement for the Project (ZMA 2000-009), upon request by the County, the Owner shall dedicate to public use the access pathway east of the middle entrance and leading to Flat Branch as shown on Sheet G. C. Access easements to the Rivanna River shall be provided as shown on the Application Plan for the benefit and use by property owners within the Project. D. The Owner shall be responsible for the costs of drafting the deeds of dedication, having required surveys conducted and plats prepared, and recordation costs. Wagner Page 4 of 8 August 23, 2006 8. Landscaped buffer between residential areas and rural areas. Before the County issues a certificate of occupancy for the first dwelling unit constructed on any of the lots shown on the Application Plan abutting the areas shown on the Application Plan as "Open Space Buffer (30')" along Pritchett Lane (Lots A 1-6, H8-20, L 15-34 and N2-5), the Owner shall establish and thereafter maintain a heavily vegetated buffer in the open space buffer common areas. The buffer, where one does not already exist, shall be planted in accordance with a landscaping plan approved by the County. The landscaping plan shall include the following: (i) an informal mix of 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) large and medium 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. The features described in (i) through (v) herein define a "naturalistic rural landscape." Approved plant species shall be obtained from the Albemarle County Recommended Plants List and the buffer design shall be subject to the review and approval of the Director of the Department of Community Development. The Owner shall maintain the buffer. 9. Extensions. Unless the dedication of public right-of-way and the construction of such streets or accessways, as applicable, are required in conjunction with the approval of a subdivision plat under Albemarle County Code S 14-409 and related sections, or their successors, the following streets or accessways, as applicable, shall be constructed and rights-of-way shall be reserved for dedication to public use as provided herein: A. Extensions to Pritchett Lane. The Owner shall design and construct as emergency access ways extensions to Pritchett Lane within the fifty (50) foot wide rights-of-way located between Lots H-9 and H-10 and Lots L-16 and L-17, respectively, as shown on the Application Plan, subject to the following: 1. The emergency accessways shall be designed and graded to accommodate a minimum Virginia Department of Transportation standard for a public street as determined by the County Engineer, and constructed using pervious parking pavers or other materials sufficient to support fire and other emergency vehicles, but that support grass or other ground cover, in conjunction with the construction of the streets serving Lots H-7 and L-14, respectively. 2. The fifty (50) foot wide rights-of-way shall be dedicated to public use upon request by the County, together with all necessary right-of-way for the fifty (50) foot wide rights-of-way to be geometrically connected to adjoining streets as approved by the County Engineer. 3. If requested by the County within ten (10) years after the first certificate of occupancy is issued for a dwelling unit within the H or L sections shown on the Application Plan, and after the property on the east side of Pritchett Lane opposite the respective emergency access ways has been upzoned, the Owner shall convert and upgrade the emergency access ways to the applicable Virginia Department of Transportation public street standards for acceptance into the state highway system. Subject to weather delays or force majeure, the construction of Wagner Page 5 of 8 August23,2006 the upgrades shall be completed for such acceptance within one hundred eighty (180) days after the request by the County. B. Extension to Tax Map 32, Parcel 23HI. In the event that any of the residential units within the Project adjacent to Tax Map 32, Parcel 23HI are developed under a site plan, the Owner shall design and construct extensions to Tax Map 32, Parcel 23HI by way of two streets within the fifty (50) foot wide rights-of-way located as shown on the Application Plan and identified by the notation "R.O.W. Reserved for Future Dedication," adjacent to the church property identified as Tax Map 32, Parcel 23HI that fronts on Pritchett Lane. The exact location of the rights-of-way shall be fixed by the applicable final site plan. 1. The streets shall be designed and constructed to applicable Virginia Department of Transportation public street standards. The streets shall be constructed in conjunction with the applicable final site plan, or at such other time authorized by the County Engineer under such terms and conditions the County Engineer determines to be appropriate, including the requirement that the Owner provide adequate surety or other guarantee that the streets will be constructed and maintained until accepted into the state highway system. 2. The streets shall be constructed as close to the property line between the Project and Tax Map 32, Parcel 23HI as determined by the County Engineer to be feasible without obtaining offsite construction easements. The rights-of-way shall be graded as close as possible to the Project property line. 3. To allow the completion of street improvements to and beyond the Project property line, temporary construction easements on the Owner's property and outside of the rights-of-way to be dedicated shall be reserved on the applicable final site plan. The site plan also shall include a note stating that no improvements shall be established within the reserved area. Within ninety (90) days after request by the County, the easements shall be granted. No improvements shall be located within the temporary construction easements until the construction of the street improvements onto Tax Map 32, Parcel 23HI has been completed so that the need for the temporary construction easements no longer exists. 4. Within ninety (90) days after request by the County after Tax Map 32, Parcel 23HI has been upzoned, the Owner shall dedicate to public use the streets and rights-of- way and offer the street for acceptance into the state highway system. 10. Overlot qradinq plan. For all subdivisions with lots less than 15,000 square feet in size and not otherwise requiring a site plan, a lot grading plan ("Overlot Grading Plan") must be approved by the County Engineer prior to the issuance of a building permit for a new residence on any such lot(s). The Overlot Grading Plan must satisfactorily demonstrate compliance with all Erosion and Sediment Control requirements for drainage conveyed across such lot(s). An "Agreement in Lieu of a Plan" will be allowed for building permits, provided the general drainage patterns and grading matches that shown on the Overlot Grading Plan. The Overlot Grading Plan may be revised at any time by the subdivision developer or individual lot owners, provided all work can be accomplished within their Wagner Page 6 of 8 August 23, 2006 property lines or within available easements. All amendments shall be subject to the review and approval by the County Engineer. A. The Overlot Grading Plan shall be drawn to scale not greater than one (1) inch equals fifty (50) feet, with all proposed grading shown at contour intervals not greater than two (2) feet interpolated and shall demonstrate to the satisfaction of the County Engineer that: 1. All concentrated runoff is conveyed across lots using vegetated swales or underground drainage structures in a manner that does not result in flooding of buildings or erosion as a result of the grading. For the purposes of this requirement, flows from roof downspouts will be considered concentrated flows if not adequately dispersed before reaching the property line. 2. Overland relief is assured in the event that drainage structures do not function. Overland relief will be considered satisfied if buildings are designed to have finished floors at least one (1) foot above low points for any drainage area which includes the house. With dams and similar impoundments, this should be measured from the top of the dam. B. The County Engineer may allow other drainage structures (e.g., riprap ditches) where it has been determined this change will not significantly impact usable yards (e.g., cobblestone swale next to a driveway), where slopes are too steep for vegetated swales (e.g., steeper than 33% grades), or where the change would better mitigate impacts on adjoining properties (e.g., matches offsite drainage structure). C. Public drainage across lots shall be in storm sewers except open drainage ways may be allowed if the plat restricts construction of a building within fifty (50) feet of a proposed open drainageway. If a storm sewer is used across lots, easement widths must be sufficient to allow excavation with 1:1 side slopes on the trench, sufficient room on one side of the trench to stockpile excavated materials, sufficient room on the opposite side of the trench to allow for movement of materials, and adequate room for a backhoe boom to swing. Fences, walls, driveways, and other uses are not allowed within the easements, except where a "hold harmless" clause is included in the easement agreement. D. No surface drainage may flow across more than three (3) lots or one-half (1/2) acre, whichever is greater, before being collected in a storm sewer or directed to a drainage way outside of the lots. E. Retaining walls higher than four (4) feet (measured from the top of the face to the ground on the downhill side) shall be designed by a professional engineer to assure long-term stability. Retaining walls building using a VDOT standard or a pre- engineered product that includes certification are not required to provide a separate professional engineer's certification provided the building contractor provides an affidavit that the wall was constructed consistent with the standard. Retaining walls higher than four (4) feet in useable yards or places where the public might walk must include a railing similar in design to what is required for elevated decks. In circumstances where it is questionable whether a railing is required, the County Wagner Page 7 of 8 August 23, 2006 Engineer will make the determination. The builder must provide evidence of the ability to maintain any retaining wall which could not be maintained without the use of adjoining property. F. Except for the main entrance to the dwelling, which shall be governed by Condition 10 (G), the Plan shall demonstrate that an area at least five (5) feet in width, or to the lot line if the distance is less than five (5) feet, from any possible doorways to dwellings as shown on the Plan or from the edges of any grade level patios as shown on the Plan that will not be served by a stairway, has grades no steeper than ten percent (10%) perpendicular to the exterior wall. G. In lieu of the foregoing provisions, the grading plan for the residential units located in the southeastern portion of the Project as shown on the Application Plan shall be included as part of the site development plan application for the appurtenant commercial area as shown on the Application Plan. H. Any requirement of this condition may be waived by the County Engineer by submitting a waiver request with the preliminary plat. If such a request is made, it shall include: (i) a justification for the request contained in a certified engineer's report; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable. In reviewing a waiver request, the County Engineer shall consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree. In approving a waiver, the County Engineer shall find that requiring compliance with the requirement of this condition would not forward the purposes of the County's Subdivision and Water Protection Ordinances or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the Project, and to the land adjacent thereto. I. The Owner may request that the Plan be amended at any time. All amendments shall be subject to the review and approval by the County Engineer. 11. Sanitary sewers. All residential uses shall be served by gravity sanitary sewers; however, basements may be served by grinder pumps. In addition, the Board approved the following WAIVERS: 1. Section 21.7 minimum yard requirement waiver to allow for alternative setbacks in accordance with the application plan; and 2. Section 4.2 of the Zoning Ordinance related to critical slopes, as shown on the application Q@fl. Wagner Page 8 of 8 August 23, 2006 Please be advised that although the Albemarle eounty Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: . compliance with applicable PROFFERS; . compliance with conditions of the SPECIAL USE PERMIT; . approval of and compliance with SITE PLAN(S) ANDIOR SUBDIVISION PLAT(S); and . approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above-noted action, please do not hesitate to contact Sherri Proctor at 296-5832. Sincerely, v Qf!.7;::{!L Director of Planning VWC/aer Cc: Violet Hills Association, etal C/o Greater Eastern Management Co. Post Office Box 5526, Charlottesville, VA 22905 Amelia McCulley Tex Weaver Chuck Proctor Sherri Proctor Steve Allshouse Sarah Baldwin Bruce Woodzell (Real Estate) PROFFER STATEMENT ~ORTH POINTE CHARLOTTESVILLE, LLC REZONING APPLICATION: #ZMA-2000-009, SP -2002-72 .July 20,2006 Vv'ith respect to the property described in rezoning application #ZMA-2000-09 and SP-20()2-72 Ilhe "ZMA'"), CVv'H Properties Limited Partnership is the fee simple owner and North Pointe Charlottesville. LLC is the contract purchaser of Tax Map 32, Parcels 20, 20A, 2U/\ L 20A2, 2UA3 and 291 (the "North Pointe Property"), Violet Hill Associates, L.L.c. is the tee simple u\vner of Tax Map 32, Parcels 23, 23A 23B, 23C. 23D, 23[. 23F, 23G. 23H and 23.1 (the "Violet Ilill Proper!) '"), Virginia Land Trust is the fee simple owner of Tax Map 32, Parcel 22K (the "Virginia Land Trust Property'") and the Edward R. Jackson Trust is the fee simple owner of la:>-. Map 32, Parcel 22]-[ (the "Jackson Trust Propert) "J. The respective parties are cullectively referred to herein as the "Owner'", which term shall include any successors in interest. The North Pointe Property, the Violet Hill Property. the Virginia Land Trust Propert) and the Jackson Trust Property are referred to collectively as the "Property". Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereb) \Ulunt<:lr) profrcrs the conditions listed in this Proffer Statement, which shall be applied tll the North Pointe Property ifthc ZMA is approved by Albemarle County. These conditions are prolTered as part of the ZMA and it is agreed that: (] ) the ZMA itself gives rise to the need for the conditions, and (2) such conditions have a reasonable relation to the rezoning req uested. This Proffer Statement shall relate to the multi-page application plan entitled "North Pointe Community", prepared by Keeney & Co., Architects, as revised through June 13. 20()6 and attached hereto as Exhibit A (the "Application Plan'"). and the Albemarle Count) Code in efTect as of the date of this Protter Statement (the "County Code"). The North Pointe Community shall be referred to as the "Project". I. THIS SECTION INTENTIONALLY DELETED II. ENTRANCE CORRIDOR 2.1 Creation of a 50-Foot Buffer along the Entrance Corridor. V,'ithin six (6) months after the acceptance by the Virginia Department of Transportation ("V DOT'") of the Road Improvements as defined in Section 5.3 that are along the northbound lanes of U.S. Route 29, O\vner shall plant and thereafter maintain at all times a landscaped buffer. including ht:dgermvs, along the Entrance Conidor frontage parcels owned by Owner. The buffer \vill consist of a minimum 50-foot wide continuous visual landscape area that shall be subjt:ct to Albemarle County Architectural Review Board ("ARB") revievv and approval (the "BuiTer"). In the event V DOT at any time in the future reduces any p011ion of the B utter located on VDOT property, the Ovmer shall compensate for such reduction by extending the Buffer on Chvner's property in urder to maintain a minimum 40-foot Buffer, even if such compensation shall require the rt:moval of parking adjacent to such Buffer, '") '") Anpearancc of Storm \-Vater Management ("S'VM") Facilities. The SWM facilities visible from the Entrance Corridor identified on the Application Plan (stormwater management facilities L 2. and 10) shall be shown on a plan and be subject to ARB review and approval. S~'M ] shall be designed such that its shape. placement, and land form (grading) transition between the adjacent conservation area and the adjacent hard edge of the parking lot and buildings. The plan for SWM I shall be submitted to the ARB with the first ARB submission for Building 14 or 19 identified on Sheet B to the Application Plan ("Sheet B"). or Clny such building that is proposed to be located where Building ] 4 is located on Sheet B pursuant to the terms of Section 3.2. S WM 2 shall have a more structured appearance than SWM 10 (see below) and shall be designed such that its shape. placement. and land form (grading) transition between the adjacent conservation area and the adjacent hard edge of the parking lot and buildings. The plan for SWM 2 shall be submitted to the ARB with the first ARB submission for any of Buildings 26 through 31. S WM 10 shall be designed such that its shape. placement, and bnd form (grading) are integral with the adjacent conservation area. The plan for SWM 10 shall be submitted to the ARB at the time road plans are submitted to the County and VDOT for Northwest Passage. III. DENSITIES 3.] Total Buildout. The total number of dwelling units within the Project shall not exceed eight hundred ninety-three (893). Subject to Section 3.2. the building footprints and gross noOl" areClS of commercial. office. and other uses. and the building footprints of hotels shall not exceed those set forth in the Land Use Breakdown Table on Sheet A to the Application Plan ( .'Sheet A"). 3.2 Limited Ad iustments to the Elements of the Application Plan. The gross noor area of the buildings used for commerciaL office. other uses, and hotels shown on Sheet A may be adjusted within a range of up to ten percent (10%), provided that the maximum gross floor area for each category of uses shown on Sheet A is not exceeded. The footprints of Buildings 6, 14 and 36 as shown on Sheet A can be interchanged. Notwithstanding the terms of this Section 3.2 to the contrary. Building 14 shall not initially exceed 88.500 square feet, provided. however, that after two years following the issuance of the certificate of occupancy for Building ] 4, Building 14 may be adjusted within a range of up to ten percent (10%), and if Building ] 4 is located in the location shown on Sheet B, any such expansion shall be located to the east so that the additional space is located along North Pointe Boulevard. Notwithstanding the terms of this Section 3.2 to the contrary. but subject to the provisions of Section 8.1. the County may authorize Bui Iding 21 as shown on Sheet A to be adjusted by more than ten percent (1 O<j~). IV. STORMWA TER MANAGEMEl\'T Al\'D STREAM BED CONSERVATION 4.1 Flood Plain. The area of the 100-year flood plain \vithin the Project shall remain undisturbed except for road crossings, public utility facilities and their crossings, and pedestrian and biking trails, and only to the extent such exceptions are permitted by County ordinances Clnd regulations. Upon the request of the County. Owner shall provide a surve.y and prepare the nccessary documentation and dedicate the land within such flood plain to the County. 2 J 4,2 Stormwater Management Plan. The stornnvateribest management practices ("HMP") plan for the Project shall be prepared, and all stormwater management facilities for the Project shall bc designed and constructed. to accommodate all current storn1\vater discharge from Tax fYlap Parcel 032AO-02-00-00400 (Northwoods Mobile Home Park Development) ~ll1d ii.om the existing developments on the northeast and northwest corners of ProfJit Road and u.s. Rou1c 29. specifically the following parcels shown on the current Albemarle Count) tax maps: tax map 32. parcels 38, 38/\, 39, and 39A: tax map 32/\. parcels 2-1, 2-lA 2-lAL 2-lB. 2-lC and 2-lD. The storm water management facilities shall mitigate the stormwater quality and quantity impacts. for the stormvv'ater generated both \vithin the Project and for such existing offsite conditions as described herein. as though the entire preexisting condition of the drainage area is an undeveloped wooded site and is being developed to the existing off-site conditions and the proposed lm-site conditions. In addition, bioiilters shall comprise a minimum of thirty-three and one-third percent (33 1/3%)) of the total required parking lot landscaped areas within the "Commercial Area" of the Project. as such Commercial Area is dclineated on Sheet C; of thc Application Plan ("Sheet G"). 4.3 Erosion and Sediment Control. (a) The Owner shall, to the "maximum extent practicable", provide such additional appropriate erosion and sediment control measures that exceed State and Local minimum standards. If there is a disagreement regarding \\'hether the standard of "maximum extent practicable'. is satisfied, the Virginia Department of Conservation and Recreation will be provided an opportunity to revie\v and advise on such question. (b) Post-Construction Stormwater ManaQement: The Ovvner shall, to the maximum extent practicable, provide post-construction storm water BMPs that are designed to achieve an average annual sediment removal rate of 80% as published by the Center for Watershed Protection in Article 64 of The Practice of Watershed Protection (2000 edition). These \vill include. but are not limited to, bioretention, bioretention filters and wet retention basins. 4.4 Stream Buffer and Restoration. Upon the commencement of the applicelblc comment period, the Owner shall notify the County and provide the County \vith a copy of elny application(s) to the U.S. Army Corps of Engineers and/or DEQ for any stream disturbance. In addition, if necessary, after first looking on-site for mitigation opportunities available to satisfy the permitting process, the Owner shall contact the County for a list of off-site opportunities within Albemarle County for such mitigation, and shall look for such mitigation opportunities ofT-site. V. TRANSPORTATION 5.1 Internal Street Construction Standards. Public streets. vvhich in any e\'ent shall include at least Leake Road. North Pointe Boulevard, Northside Drive Eelst and Northwest Passelge. shall be (i) constructed in accord with the illustrative urban design cross sections shown on Sheet D-] to the Application Plan ("Sheet D-l ") and also in accordance v.,ith VDOT design stell1darus pursuant to detailed plans agreed to between Owner and VDOT, and (ii) dedicated for ..., .) public use and offered for acceptance into the state highway system. Trees (with a maximum spacing of fifty (50) feet), landscaping and sidewalks as shown on Sheet 0-1 shall be installed and maintained by the Owner in accordance with County or VDOT standards, unless VOOT or the County agrees in writing to assume this responsibility. 5.2 Timing of Completion for Internal Streets. Before issuance of certificates of occupancy, Owner shall complete that segment of an internal street as sho\',m on Sheet D-I within the Project which serves the building or residence for which a certificate of occupancy is sought with at least the stone base and all but the final layer of plant-mix asphalt. The final layer of plant-mix asphalt shall be installed within one (1) year following the issuance of the first certificate of occupancy for a building or residence served by the affected street segment. 5.3 Road Improvements. Owner shall design and construct all of the road improvements referenced in Sections 5.3.1(21), 5.3.I(b) and 5.3.1(c) belm\', which are also shown on Sheet D-I to the Application Plan and on Sheet E to the Application Plan entitled "External Road Improvement Plan" ("Sheet E") (collectively, the "Road Improvements"), unless such Road Improvements are first constructed or bonded by others. The various phases of the Road Improvements arc also sho\'I-'n for illustrative purposes on a color-coded copy of Sheet 13 that is attached hereto as Exhibit B. Owner shall dedicate to public use any required right-of-way that it now or hereafter owns in fee simple. For purposes of this Section 5.3, the use of the term "road" as it applies to internal streets shall also have the same meaning as the word "street" in the Albemarle County Subdivision Ordinance (Chapter 14 of the Albemarle County Code) where applicable. 5.3.1 Design and Phasing. All Road Improvements shall be designed and phased as follows: Design. The Road Improvements shall be shown on detailed road plans satisfying VDOT design standards which shall be submitted by the Owner for review and, when satisfactory, approved by VDOT and the County (except for the Road Improvements to U.S. Route 29, which shall be subject only to VDOT approval) (hereinafter, the "Approved Road Plans"). The Approved Road Plans shall show the width and length (except as specified in Sections 5.3.I(a)(1)(ii) and (v) and Section 5.3.1(b)(1)(i)), location, type of section, and geometrics of all lane improvements as required by VDOT design standards. All of the Road Improvements shall be constructed in compliance with the Approved Road Plans. The Road Improvements to U.S. Route 29 shall be based on the then-current VDOT design speed and cross-slope requirements. Notwithstanding the provisions of this paragraph to the contrary, in the event that the internal residential street designs as shown on Sheet D-I are not accepted by VDOT, the Owner shall submit detailed road construction plans for such streets to the County for review and, when satisfactory, approval, subject also to the County's approval of private streets under the Subdivision Ordinance (Ch. 14 of the Albemarle County Code). Phasing. The Road Improvements shall be constructed and completed in three phases as set forth below: 4 (a) Phase I Road Improvements. Prior to approval of the first commercial subdi vision plat or site: plan vvithin the Project Owner shall obtain all associated permits and post all associated bonds required for the construction of the follc1\ving (collectivcly, the "Phase I Road Improvements"'): (I) Southernmost Entrance on L.S. Route '/9: (i) U.S. Route :29 Southbound - correction of the vertical curvature in the roadway just north of the entrance. (ii) U.S. Route :29 Southbound construction of a continuous 12 ["oot widc through lztne (with shoulders or guard rail as required by VDOT) starting at a point that is 1 UOO tect north of the southcrnmost entrance and extending south to Airport Road. (i i i) lancs vvith taper at the crossover. U.S. Route :29 Southbound - construction of dual left turn (iv) U.S. Route 29 Southbound -- construction of right turn lane wi th taper to serve northernmost entrance to SR 1515. (v.) L .S. Route 29 Northbound - construction of a continuous 12 foot wide through lane (with shoulders or guard rail as may be required by VDOT) extending from Proffit (Airport) Road (Route 649) to the NOJ1hwest Passage entrance. (vi) C .S. Route :29 Northbound - construction of a right hand turn lztne at the Southernmost cntrance. the geomctrics of vvhich will be subject to V001 approval. (vii) U.S. Route 29 Northbound - construction of left turn lztne with taper into SR 1515. (viii) SR 1515 Eastbound - construction and/or restriping to providc left turn lane with taper. (ix) Installation of a traffic signal with 8 phase timing, v'ideo detection and associated intersection improvements at the intersection with LJ. S. Route :29. (x) Close existing crossover at U.s. Route 29 and Southernmost Entrance to SR 151 S. (xi) Proposed Entrance Road bet\veen North Pointe Boulevard and U.S. Route :29. 5 (2) North Pointe Boulevard. Leake Road and Proffit Road: (i) Leake Road and North Pointe Boulevard. in accordance with the design cross-sections shown on Sheet D-l. from Proffit Road to either Northside Drive East or. if Northside Drive East has not yet been constructed to the roundabout at North Pointe Boulevard. North Pointe Boulevard shall be extended to Northwest Passage. The Owner shall provide a fifty (50) foot public right-of-way along Leake Road and shall construct a two-lane public street to be accepted by VDOT and as much of the other improvements shown on the cross-sections as possible within the available right-of-way as reasonably determined by the County Engineer. (ii) The roundabout, or such other improvements as may bc approved by VDOT and the County, at the intersection of Leake Road and Proffit Road shO\vn on Sheet 8 and an additional westbound right turn lane on Proffit Road from Leake Road to u.s. Route 29 as shown on Sheet E. In addition. for property acquisition that is required for the off- site public right-of-\vay for construction of the improvements required by this Section 5.J.1(a)(2)(ii). the Owner 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~o) of the County's fair market value appraisal prepared for acquisition and condemnation purposes. The cash contribution or letter of credit described in this Section 5.3.1 (a)(2)( ii) shall be used to pay for the total cost of the right of way acquisition. The total cost of the right of way acquisition for the off-site property necessary to construct the improvements required by this Section 5.J.l(a)(2)(ii) shall include the normal costs associated with acquiring land. buildings, structures, easements and other authorized interests by condemnation or by purchase including, but not limited to. land acquisition, engineering. surveying. and reasonable attorneys fees. The cash contribution or the letter of credit shall be provided by the Owner within thil1) (JO) days upon request by the County. If the property is acquired by purchase. the contribution for the purchase price shall not exceed one hundred fifty percent (150~()) of the County's fair market value appraisal prepared for condemnation purposes without the consent of the Owner. If the cost of the right of v,:ay acquisition exceeds the amount previously contributed. then the O\vner shall reimburse the County all such excess costs within thirty (30) days upon request by the County. The County shall refund to the Ovmer all cxcess contributions upon completion of the land acquisition. (iii) lntentionally Omitted (iv) An additional through lane eastbound on Proffit Road from U.S. Route 29 to the roundabout at the intersection of Leake Road and Proffit Road. In addition, f(lI. property acquisition that is required for the off-site public right-of-way for construction of the improvements required by this Section 5.3.1 (a)(2)(iv). the Owner 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 SLlch amount shall not exceed one hundred fifty percent (150~'o) of the County's fair market value appraisal prepared for acquisition and condemnation purposes. The cash contribution or lettcr of 6 credit described in this Section 5.3.l(a)(2)(i\) shall be used to pay for the total cost of the right of way acquisition. The total cost of the right of way acquisition for the off-site property necessary tu construct the improvements required by this Section 5.3.1(a)(2)(iv) shall include the normal costs associated with acquiring land. buildings. structures. casements and other authorized interests by condemnation or by purchase including. but not limited to. land acquisition. engineering. surveying. and reasonable attorneys fees. The cash contribution or the letter of credit shall be provided by the Owner within thirty (30) days upon request by the County. If the property is acquired b) purchase. the contribution for the purchase price shall not exceed one hundred tifty percent (150%) of the County's fair market value appraisal prepared for cundemnation purposes without the consent of the Ovvner. If the cost of the right of way acquisition exceeds the amount previously contributed, then the Owner shall reimburse the ('ounty all such excess costs within thirty (30) days upon request by the County. The County shall reCund tu the Owner all excess contributions upon completion of the land acquisition. Completion of the Phase I Road Improvements. \Vithin fifteen ( 15) months alter the issuance of the first building permit for a commercial ouilding within the lands subject to the first commercial subdivision plat or site plan within the Project. or prior to the issuance of a certificate of occupancy for such building. \vhichever is earlier. all of the Phase I Road Improvements shall be accepted by VDOT for public use or bonded for VDOT's acceptance if such Road Il11pro\'ements are a primary highway. or accepted by VDOT for public use or bonded to thc Count) for VOOT' s acceptance if such Road Improvements are a secondary high\va) . (b) Phase II Road Improvements. Prior to approval of the first site plan that \vould authorize the aggregate commercial. orfice and hotel gross floor area as shown on Sheet A \vithin the Project to exceed two hundred ninety thousand (290.000) sq uare feel. Owner shall obtain all associated permits and post al] associated bonds required for the construction of the following (collectivel). the "Phase II Ruad Improvements"): (1 ) Middle Entrance on U.S. Route 29 (NOlihside Drive East/SR 1570 ): (i) U.S. Route 29 Southbound - construction of a continuous 12 foot \vide through lane (\-vith shoulders or guard rail as may be required by VDOT) starting at a point that is 1000 feet north of the Middle entrance and extending to the point where it connects with the portion of the lane constructed pursuant to Section 5.3.1 (a)( 1 )(ii). (ii) l..1.S. Route 29 Southbound - construction of dual le11 turn lanes \vith taper. (iii) U.S. Route 29 Southbound - construction of a right turn lane \-vith taper. (iv) U.S. Route 29 Northbound - construction of a right hand turn lane at the Middle Entrance. the geometries ohvhich \vill be subject to VOOT approval. 7 (v) U.s. Route 29 Northbound - construction of left turn lane 'vvith taper. (vi) SR 1570 Eastbound construction of or restriping of lanes tll rl'sult in separate left. through and right turn movements. (vii) Entrance road Vv'estbound installation of a trarfic signal with 8 phase timing, video detection and associated intersection improvements on U.S. Route 29. ~(viii) Existing crossover at Cypress Drive - construction to close the crossover. (ix) Frontage road from Cypress Drive to SR l570 - construction of a public street to serve properties currently accessing U.S. Route 29 through Cypress Drive. (2) Northside Drive East between U.S. Route 29 and North Pointe Boulevard as shown on Sheet D-1. Comnletion of the Phase II Road Imnrovements. Vv'ithin fifteen (15) months after the issuance of the first building permit for a building within the lands subject to the first suhdivision plat or site plan that would authorize the aggregate commercial, office and hotel gross floor area as shown on Sheet A within the Project to exceed two hundred ninety thousand (29(),OOO) square feel. or prior to the issuance of a certificate of occupancy for any building that causes such gross floor area to exceed two hundred ninety thousand (290.000) square feet. whichever is earlier. all of the Phase II Road Improvements shall be accepted by VDOT for public use or bonded for VDOT's acceptance if such Road Improvements are a primary highway. or accepted by VDOT for public use or bonded to the County for VDOT's acceptance if such Road Improvements are a secondary highway. (c) Phase III Road Improvements. Prior to the earliest of: (i) the approval of the first subdivision plat or site plan that would authorize the aggregate number of dwelling units within the Project to exceed five hundred thirty-three (533): (ii) the approval of a suhdivision plat or site plan for any development of either the Virginia Land Trust Property (Tax Map 32, Parcel 22K) or the Jackson Trust Property (Tax Map 32. Parcel 221-1) or any portion thereof: or (iii) the five (5) year anniversary of the date of issuance of the first certificate of occupancy for a building or premises within the Project. Owner shall ohtain all associated permits and post all associated bonds required for the construction of the following road improvements to the extent any such road improvements have not already heen completed: (1) Northernmost Entrance (opposite Le\vis & Clark Drive) on u.s. Route "'9: (i) u.S. Route 29 Southbound - construction of left turn lane \,yith taper. 8 (ii) Nortl1\vcst Passage ii'om ll.S. Route 29 tu North Pointc Boulevard. (lll) U.S. Route 29 Northbound - construction of a right hand turn lane. the geometrics of which vvill be subject to \'DOT approval. (iv) If not already constructed. North Pointe Boulevard betvveen Northsilk Drive East and Northwest Passage. (v) If the traffic signal to be constructed by others is in place prior to Owner commencing work on this Northernmost Entrance. and such traffic signal only includes three legs. Owner shall add the fourth leg to the signal, which shall include additional mast arms. signal heads and ancillary equipment necessary to support Northwest Passage's use or the intersection. as determined by VDOT. If such traffic signal is not in place and the vehicular traflic gcnerated by the Project causes the VDOT signal vvarrants to be met. and VDOT req uires that a traflic signal be installed as a condition of the entrance permit. Owner shall install such tratTic signal. (2) Notwithstanding any other pronslOn contained in this Proffer Statement. within one hundred eighty (180) days after written notice from the Count) that it intends to build an elementary school on the School Lot (as "School Lot'. is defined in Section 9,1 L the Owner shall submit road plans for the construction of Northwest Passage from North Pointe Boulevard to l'.S. Route 29 to VDOT and to the County for review. and when satisi~lctor). approval. Furthermore, within tvvelve (12) months after issuance of the building pcrmit ror construction of the elementary school. and if not already completed. Owner will complete (i) Northwest Passage from North Pointe Boulevard to L.S. Route 29. (ii) the improvements set forth in Section 5.3.1(c)(l) above. and (iii) North Pointe Boulevard from Northside Drive East to N0l1hwest Passage. To allow the development of the School Lot. the Owner shall grant all temporary easements as necessary to alloy\' ingress and egress for vehicles and construction equipment. grading. the installation and maintenance of erosion and sediment control structures or measures. and any other associated construction easements. as such tempurary casements arc shown on the subdivision plat or site plan for the School Lot and mutually agreed to by the Owner and the developer of the School Lot. Completion of the Phase III Road Improvements. V/ithin twelve (121 months after the occurrence of the applicable event in Section 5.3.1 (c) which required the Owner to obtain all associated permits and post all associated bonds required for the construction of the Phase I [] Road Improvements. all of the Phase III road improvements shall be accepted by VOOT for public use or bonded for VDOT's acceptance if such Road Improvements are a primary highway. or accepted by VDOT for public use or bonded to the County far \fOOT's acceptance if such Road Improvements are a secondary highway. 5.3.2 Upon request by the County. Owner shall make a cash contribution to the County or \' DUT ror the cost of a cable or ,vire less radi 0 system that wi I] link one or more of the si gnal s bet\\ecn Lewis and Clark Drive and Airp011 Road; provided. however. that the total cash contribution shall not exceed thil1y-five thousand dollars ($35.UOO). Subject to matters of force 9 maj cure, if the County does not request the funds. or does request the funds but the construction of the system does not begin by the later of December 31, 2010 or three (3) years after completion of all of the Road Improvements, said funds shall be refunded to the Owner. 5.3.3 Prior to the approval of plans for improvements at any U.S. Route 29 intersection. Owner shall provide VDOT traffic signal network timing plans that VDOT finds acceptably address the impacts of the proposed traffic signals for peak traffic periods. 5.3.4 Regional Transportation Study; Cash Contribution. Upon request by the County. Owner shall make a cash contribution of one hundred thousand dollars ($100,000) to the County for the purposes of funding a regional transportation study for the Route 29 corridoL \vhich includes the South Fork and North Fork of the Rivanna River and the IIollymead Growth Area of which North Pointe is a part. The contribution shall be made \vithin thirty (30) days alter requested by the County anytime after the rezoning is approved. If the request is not made within one ( 1) year after the date of approval of the first final site plan for the first commercial building within the Project, this proffer shall become null and void. If such cash contribution is not expended for the stated purpose 'vvithin three (3) years from the date the funds were contri outed to the County. all unexpended funds shall be refunded to the Owner. VI. OPEN SPACE AREAS AND GREENWAY 6.1 Pedestrian Pathways. All pedestrian pathways shall be classified as shovm on the Pedestrian Pathway Key on Sheet G and, except for the pathways to be constructed by the County. shall be shown on the subdivision plat or site plan for the underlying or adjacent lands within the Project. The pathways shall be constructed by Owner as Class A or Class B trails as identified on Sheet G. and in accordance with the applicable design and construction standards in the County's Design Standards Manual. Such construction shall be in conjunction \vith the improvements for the subdivision plat or site plan, as the case may be. and bonded with the streets if the pathways are a subdivision improvement, or with a performance bond if the pathways are a site plan improvement. The pathway shown on Sheet G along Flat Branch north and south of Northside Drive East shall not continue through a culvert if a culvert is used for the stream crossing. The pathway intended for the culvert between Park E and Park F under North Pointe Boulevard shall conform to the applicable standards in VDOT's "Subdivision Street C1uidance" and Owner shall maintain the pathway if it is not accepted by VDOT for maintenance. 6.2 Lake. Upon request by the County, Owner shall dedicate to the County the lake sho'v\'l1 on the Application Plan for public use. provided that such lake will be ilvailable for use by Chvner for stornnvater management as described in Sheet C to the Application Plan entitled "Stormwater Management and Stream Conservation Plan" ("Sheet C'). VII. THIS SECTION INTENTIONALLY DELETED 10 VIII. PCBLlC INFRASTRUCTURE AND FACILITIES PROFFERS X.1 Branch Library. (a) llpon request by the County, Chvner shall dedicate to the Cuunt:> the rce simple interest in the bnd shown on Sheet B as a library, consisting of a ] 5J)()() squarc rout rull:> graded pad site. with utilities. to accommodate a ] 2.500 square Coot building foutprint a five root perimeter strip and up to a 25,000 square foot building. together with a nonexclusive casement to the adjacent common area for ingress, egress. construction staging and sufficient County Code required parking. stormwater detention and water quality facilities for the location or a heestanding Jefferson-Madison Regional Library and such other uses that are compatibk wi th the proposed surrounding uses, as determined by the County (the "Library Lot") Not \vithstanding the terms of the prior sentence to the contrary, if the requirements for the library building require a larger building footprint. the Count) may authorize the library building footprint to be larger than as stated in the prior sentence. provided, howevcL that the size of thc area shown as "Park H" on Sheet B ("'Park H") and/or the size of the adjacent parking are3 immediately north of the Library Lot on Sheet B (the "Library Parking Lot") shall be adjusted accordingly to accommodate such larger building footprint. The Owner shall not be responsible for any utility tap fees. but Owner shall complete construction of the Library Parking Lot and other parking areas serving the Library Lot. The Owner shall permit the County 10 use the l.ibrary Parking Lot and/or. if not already constructed. Park 1-1, for purposes of construction staging. Within tvvelve (1:::) months after written notice hom the Count) that it intends to begin construction of the library. the Ov.mer shall make the access roads and the area of the Librar) Parking Lot mailable vvith at least a four inch compacted stone base Cor use as access and construction staging. Such street access serving the Library Lot and the Library Parking Lot shall be completed and available for use no later than ten (10) months after issuance of the building permit for the library, provided, however, that asphalt pavement in areas used for construction staging by the County shall not be required to be installed until thirty (30) days (or such longer reasonable time as may be necessary due to weather conditions) after the County has removed its construction-related materials and equipment. Upon the request of the County, Park 11 shall also be dedicated to public use, but the Owner shall not be responsible for maintaining such park. Owner shall be responsible far maintenance of the Library Parking Lot and other parking spaces serving the Library Lot and the County shall have no obligation to be a member or any owner's association. The County's request for dedication of the land for the Library Lot and Park] I shall be made within three (3) years following the latter to occur of (i) issuance or the tirst residential building permit within the Project, (ii) Owner's completion of the infrastructure (inc! uding but not limited to streets, \vater, seweL electric. gas) required jar the use oC the Library Lot. or (iii) December 31. :2010. If a request jar such dedication is not made within three (:;) years follov,'ing the later of these dates, this proffer will be null and void. (b) Green Roof. In the event that the requirements for the library building require a larger building footprint. and the County elects to authorize the library building Ii.ll)tprint tu be larger than 12,500 square feet pursuant to section 8.1 (a) above, and in the further nent that the building is developed as a condominium and the County requests the Owner to assume u\vnership for a portion of the larger building. Owner shall accept such ownership at a reasonable price Llpon which the parties may mutually agree. and shall contribute to the County, 11 on a pro rata basis based on the proportional size of the portion orthe library building o\.vned by the Owner relative to the size of the library building as a whole, the cost of designing and constructing such building. These costs may include. if desired by thc County. installation of a "green rooL" and any additional expenses associated with structurally reinforcing the roof as necessary to support the green roof. Within ten ( 10) days after receipt of a request for payment by the County that is accompanied by documentation to support the progress payment amount as provided in the construction contract, the Owner shall submit such payments to the County. Alternatively, in the event the County elects to design the library building as a Leadership in Lnergy and Environmental Design ("LEED") building, the Owner shall contribute to the County, on a pro rata basis based on the proportional size of the portion of the library building owned by the Owner relative to the size of the library building as a whole. the additional costs of constructing the library building to obtain LEED certification for the building. Vv'ithin ten ( 10) days alkr receipt of a request for payment by the County that is accompanied by documentation to support the progress payment amount as provided in the construction contract, the Owner shall submit such payments to the County. The design of the green roof, or the criteria utilized to obtain the LEED certification, as applicable. shall be in the County's discretion. 8.2 Affordable Housing. Subject to the terms and conditions of this Section 8.2. the Owner shall provide a minimum of forty (40) "for-sale" residential dwelling units as affordable dwelling units, a minimum of sixty-six (66) "for-rent" residential dwelling units as affordable dwelling units, and a minimum of four (4) Carriage House Units (as Carriage House Units are defined in Section 8.2(d)). The forty (40) "for-sale" residential dwelling units shall be comprised of the following types of dwelling units: twelve (12) from multi-family: twelve (12) from "other" (consisting of townhouses, duplexes, attached housing, condominiums in the commercial areas and other unidentified housing types): and sixteen (16) from single family detached. each at the sale prices and under the terms and conditions set f0l1h in this Section 8.2. The Owner shall convey the responsibility of constructing the affordable units to the subsequent owners of lots vvithin the Property. (a) Multi-Familv and "Other" For-Sale Affordable Units. For multi-family and "other'. for-sale affordable dwelling units within the Property, such affordable units shall be affordable to households with incomes less than eighty percent (80%) of the area median family income (the "Affordable Unit Qualifying Income"), such that the housing costs consisting of principal, interest, real estate taxes and homeowners insurance (PITI) do not exceed thirty percent (30%) of the Affordable Unit Qualifying Income, provided, however, that in no event shall the selling price of such affordable units be less than the greater of One Hundred Ninety Thousand Four Hundred Dollars ($190,400) or sixty-five percent (65%) of the applicable Virginia Housing Development Authority ("VHDA") maximum mortgage for first-time home buyers at the beginning of the 90-day identification and qualification period referenced in Section 8.2(f} (b) Single Familv Detached For-Sale Affordable Units ("Moderately-Priced Units"). For single family detached for-sale affordable units within the Property ("Moderately- Priced Units"), SLlch Moderately-Priced Units shall be affordable to households with incomes less than one hundred twenty percent (120%) of the area median family income (the "Moderately-Priced ~Unit Qualifying Income"), such that the housing costs consisting of PITI do 12 nut e.\.ceed thirty percent (30(~,o) of the rVloderately-Priced Unit Qualifying Income, provided. h(1\\ever. that in no event shall the selling price of such Moderately -Priced Units be required to be less than the greater of Two Hundred Thirty Eight Thousand Dollars ($238.000) ur eight) percent (800'0) of the applicable VHDA maximum mortgage for first-time home buyers at the beginning orthe 90-day identification and qualification period referenced in Section 8.2( n. (c) For-Rent Affordable Units. For a period of five (5) years following the date the clTtificate of occupancy is issued by the County for each for-rent affordable unit. or until the units are sold as 10'0, or moderate cost units qualifying as sueh under either the Virginia Housing Development Authority. Farmers Home Administration. or Housing and Urban Development. Section ~.;. whichever comes first (the "Affordable Term"), such units shall be rented to households with incomes less than the Affordable Unit Qualifying Income. No Cor-rent arCurdable unit may be counted more than once towards the number of for-rent affordable dwelling units required oy this Section 8.2. (i ,I Convevance of Interest. All deeds conveying an) interest in the Cor- rent alTordable units during the Affordable Term shall contain language reciting that such unit is subject to the terms of this Section 8.2(c). In addition. all contracts penaining to a conveyance of any for-rent affordable unit. or any part thereof. during the Affordable Term. shall contain a complete and full disclosure of the restrictions and controls established by this Sectiun 8.2( c). Prior to the conveyance of any interest in any for-rent affordable unit during the Affordable Term. the then-current o\-\'ner shall notify the County in writing of the conveyance and provide the name. address and telephone number of the potential grantee, and state that the requirements of this Section 8.2(c)(i) have been satisfied. (ii). Annual Reporting. During the Affordable Term and within ninety (90) d3Ys following the end of each calendar year. the then-current owner shall provide to the Albemarle County Housing Office a certified annual report of all for-rent affordable units 101' the immediately preceding year in a form and substance reasonably acceptable to the County Housing OtIice. Subject to all federal, state and local housing laws, and upon reasonable notice during the Affordable Term. the then-culTent Owner shall make available to the County at the then-current Owner's premises, if requested. any reports. copies of rental or lease agreements. or other data pertaining to rental rates as the County may reasonably require. (d) Carria~e House Units. Carriage House Units shall meet the requirements It)r u single family dwelling as defined in the Virginia Uniform Statewide Building Code, shall he on the same parcel as the primary dwelling unit to which it is accessory, and shall not be subdivided from the primary residence C'Carriage House Units"). The subdivision restriction shall be included on the plat creating such parcels and be incorporated into each deed conveying title tu such parcels. (e) Each subdivision plat and site plan for land within the Property vvhich includes affordable units (which. for this Section 8.2(e) shall include \1oderately-Priced Units) shall designate the lots or units, as applicable. that \vill. subject to the terms and conditions of this pruffer. incorporate affordable units as described herein. The first such subdivision plat or site plan shall include u minimum of three (3) such affordable units. Thereafter. and until the ] 3 total number of affurdable dwelling units proffered hereunder shall have been fulfilled, the Owner shall provide a minimum of three (3) such affordable dwelling units per year. Each final subdivision plat and final site plan also shall include a running total of the number and percentage of affordable units previously provided and proposed to be provided by the subdivision plat or site plan. For purposes of this Section ~;'2(e), such units shall be deemed to have been provided when the subsequent O\vner/builder provides written notice to the County Housing Office or its designee that the unit(s) will be available for sale, as required by Section ~.2(f) belm". In the event that the Owner provides more than three (3) affordable dvvelling units in a single year. the Owner may "carryover" or "bank"' credits for such afJordable units. such that the additional affordable units which exceed the minimum annual requirement may be allocated toward the minimum number of affordable units required to be provided for any future ycar. The maximum number of affordable units that may be carried over or banked shall not exceed twelve (12) per year. Notwithstanding the terms of this Section 8.2(e) to the contrary. upon the written request of the Owner, the County may authorize an alternative process and/or schedule for the provision and/or delivery of such affordable units upon a determination that the request is in general accord with the purpose and intent of Section 8.2 and/or otherwise furthers thc goals of providing affordable housing in the County. (n All purchasers of the for-sale affordable units shall be approved by the Albemarle County Housing Office or its designee. The subsequent owner/builder shall pro\'ide thc County or its designee a period of ninety (90) days to identify and prequalify an eligible purchaser for the affordable unit. The ninety (90)-day period shall commence upon written notice from the then-current owner/builder that the unit(s) will be available for sale. Ifthc County or its designee does not provide a qualified purchaser who executes a contract of purchase during this ninety (90 )-day period. the then-current owner/builder shall have the right to sell the unit( s) without any restriction on sales price or income of the purchaser(s), provided. however. that any unit( s) sold without such restriction shall nevertheless be counted toward the number of affordable units required to be provided pursuant to this terms of this Section 8.2. The requirements of this Section 8.2 shall apply only to the first sale of each of the affordable units. (gl The County shall have the right, from time to time, on reasonable notice and subject to all applicable privacy laws, to inspect the records of Owner or any successors in interest for the purposes of assuring compliance with this proffer. (h) Cash Proffer. Within sixty (60) days after the Board of Supervisors approval of ZMA 2000-009, the Owner shall cause to be contributed three hundred thousand dollars ($300.00C)) cash to the County of Albemarle for the Albemarle Housing Initiative Fund or sLlch other similar fund as may be established or authorized by the County. The contribution shall be to fund affordable home ownership loan programs within the Project and other areas of Albemarle County, including those provided by non-profit housing agencies such as the Piedmont Housing Alliance, Habitat for Humanity, and the Albemarle Housing Improvement Program. If such cash contribution is not expended for the stated purpose within five (5) years from the datc the funds were contributed to the County, all unexpended funds shall be refunded to the Uwner. 14 IX. EDllCATJO!\lAL AND OTHER PUBLIC FACILITIES 9.1 Elementary School Site. Within tvv'o hundred seventy (270) days following request h) the County. Ovmer shall dedicate to the Count) the land shown on the Aprlication Plan as "L1ementar) School 12.S5 Acres Schematic LayouC. consisting of approximately 12.~S acres (or a smaller portion of such land in the County.s sole discretion) (the "School Lot"). Prior to dedication. the School Lot shall be graded and compacted by Owner to a minimum of 95o() compaction as measured by a standard Proctor test with suitable material fe)r building construction as certified by a professional engineer or as othenvise approved by the County I:ngineer to establish a fully graded pad site to accommodate an elementary school. Thc rccreational field imprO\ements shown on the Application Plan shall be fine graded and have top s(lil and soil amendments added, and the mains for an underground irrigation system serving the recreational fields shall be installed. Such improvements shall be reasonably equivalent to those nisting at the recreational fields at Baker-Butler Elementary SchooL exclusive of" an) above ground improvements. The pedestrian pathways as shown on the perimeter of the School Lot on the Application Plan shall be reflected on the subdivision plat prepared hy Owner creating the School Lot and the pathways shall he installed when the site is graded for the recreation fields. The Ovmer shall provide all utilities to the School Lot. The dedication shall include easements across Owner's land for access to and use of Storm \\/ater Basins 5 and 10 shown on the Application Plan, together with all temporary construction easements to alle)\A StorI1l\,vater Basin 10 to be redesigned and enlarged. if necessary, to accommodate the School Lot storm water. The School Lot shall be used as an elementary school site. but if the County determines that the School Lot will not be used as an elementary school site. it shall be used by the Count) f(")r park and recreational purposes serving both the North Pointe community and the region If the County does not request by December 31, 2010 that the School Lot be dedicated, the Owner shall be under no further obligation to dedicate the School Lot for the purpose described herein. but shall. by January 30. 2011. contribute five hundred thousand dollars (S500.000) cash to the County to be used by the COunl) for projects identified in the County's CIP reasonably related to the needs of the North Pointe community. and in such event the School Lot may be used Ie)]" other residential purposes as approved by the County after request by O\vner for an amendment to the Application Plan. After dedication and before the County uses the School Lot for a school or fur park and recreational purposes, and if requested by the County, Owner shall maintain the School Lot until requested hy the County to no longer do so. subject to the Owner's right to exclusive use of the School Lot for park and recreational purposes. Such park and recreational purposes shall be only those uses shown on an approved final site plan or subdivision plat fe)]" the area that includes the School Lot. Upon being requested by the County, Ovvner shall cease all use and maintenance of the School Lot and remove all improvements established by O\vner that the Cuunty requests be removed. The County shall not be obligated to pay Owner for any improvements established by Owner that the County retains. The deed of dedication for the Schuol Lot shall provide that if the County accepts title to the School Lot and then does not construct either a park or a school \\ithin twenty (20) years following the date the Board of Supervisors approves ZMA 2000-009. then upon Owner's request title to the School Lot shall be transferred to Owner at no expense to Owner. IS 9.2 Bus Stop Turnoffs, Bus Stop Improvements, and Bus Service. (a) OVv'Der shall construct ten (10) public bus stop turnoffs as shown on the Application Plan. or othenvise two (2) in the southernmost residential area, four (41 in the commercial areas and four (4) in the other residential areas, each in a location mutually acceptable to O\\'ner and the County. The bus stop turnoffs shall be approved with street cunstruction plans tor the Project and bonded and constructed with the streets. (b) Upon the request by the County, Owner shall contribute the total sum of twenty fivc thousand dollars ($25,000) cash towards the design and construction of the above ground bus stop improvements such as benches and shelters meeting standards established by the County at each bus stop, If the County does not request the funds. or requests the funds but does not construct the bus stop improvements by the later of December 3], 20] 5 or three (:1) years after completion or the road network that includes the bus stop turnoffs, then subject to matters or furce majeure, the unexpended funds shall, in the discretion of the County. either be returned to Owner or applied to a project identified in the County's capital improvements program within or adjacent to the Project that benefits the Project. (c) Within thirty (30) days after the introduction of public transportation to the Project. Owner shall contribute twenty-five thousand dollars ($25,000) cash to the County to be used for operating expenses related to such service, and shall thereafter annually contribute T\venty-Five Thousand Dollars ($25,000) cash to the County to be used for operating expenses related to such service for a period of nine (9) additional years, such that the total funds contributed to the County pursuant to this Section 9.2(c) shall not exceed Two Hundred Fifty Thousand Dollars ($250,000). If the introduction of public transportation to the Project does not commence by the later of ten (10) years after the Board of Supervisors approves ZMA 2000-009, or seven (7) years after the date of the issuance of the first certificate of occupancy for the first commercial bui Iding within the Project, this Section 9 .2( c) shall become null and void. X. ACCESS TO ADJACENT PROPERTIES ] 0.] Dedication of Right-of-Wav-Extension to Parcel22K Unless the dedication of public right-of-way and the construction of such street are required in conjunction with the approval of a subdivision plat under Albemarle County Code 9 ] 4-409 and related sections, or their successors: Owner shall reserve the fifty (50) foot wide right-of-way located within the area shown on Sheet B and identified as a "50' R.O.W. Reserved for Future Dedication" connecting a right- of-way from the proposed middle entrance road into North Pointe to the southern propel1y line of Tax Map 32, Parcel 22E ("TMP 32-22E"), Prior to the issuance of a building permit for Building 32 as shown on the Application Plan, Owner shall record in the Clerk's Office of the Circuit Court of Albemarle County, a current, irrevocable deed of dedication dedicating to public use fur road purposes, the area labeled "50' R.O.W. Reserved for Future Dedication." Owner acknowledges that if it is not part of a subdivision plat approved by the County, such offer of dedicatiun must be first reviewed and approved by the Board of Supervisors and accepted by the Board. Such deed of dedication shall include the following conditions: (i) that TMP 32-22E 16 shall han' been upzonecL and (ii) that prior to its use for road purposes, there shall have been construCtl'd on the land so dedicated a road approved b) thc County and accepted by VDOT for puhlic use or honded Cor VOOTs acceptance. At the time of the construction of the access road sening Building 32. the Owner shall construct the intersection curb radii or the rOCld serving TMP 3:2-2:21~ and extend construction oC such road for at least a minimum of one hundred (1 (JU) feet Crom Northside Drive East. The ()vvner shall also place at the end of such extended roacL a sign, approved by the County. advising and notifying the public that such right-of-way is the location of a future road extension. Ov.mer shall grant temporary construction easements as determined necessary by the County Engineer to allcn., Cor the road to be extended to TMP 32- 22E. \vhich construction casements shall be on Owner's property and outside of the dedicated right-oC-wa), and shall be established by the applicable site plan. No improvemenb shall be located within the temporary construction easements until construction of such road has been completed. 10.:2 Access to Tax Map 32A, Section 2, Parcel 4 (current Northwoods Mobile Home Park Property). Unless the dedication of public right-of-way and the construction of such street arc required in conjunction with the approval of a subdivision plat under Albemarle County Code ~ 14-409 and related sections, or their successors: Owner shall reserve an area in the location labeled "50' R.O.\\'. Reserved for Future Dedication'. at the eastern end of the main commercial access road from U.S. Route:29 on Sheet 13 for access to Tax Map 32A. Section 2, Parcel 4 C'TMP 32A-2-4"). Prior to the issuance of a building permit for Building 6 or Buildings VI through V6, each as shown on the Application Plan. whichever is earlier, Owner shall record in the Clerk's Office of the Circuit Court oC :\Ibemarle County. a current, irrevocable deed of dedication dedicating to public use for road purposes. the area labeled "50' R.O.W. Reserved for Future Dedication." O\vner ackncnvledges that if it is not part of a subdivision plat approved by the County, such offer of dedication must be first reviewed and approved by the Board of Supervisors and accepted by the Board. Such deed of dedication shall include the following conditions: (i) that TMP 32A-2-4 shall have been upzoned; and (ii) that prior to its use for road purposes. there shall have been constructed on the land so dedicated a road approved by the County and accepted by VDOT for public use or bonded for VDOTs acceptance. At the time of the construction of the roundabout serving Building 6 and Buildings VI through V6 the Owner shall construct the intersection curb radii and extend construction of the road for a distance of at least thirty feet beyond the roundabout. The Ovmer shall also place at the end of such extended road, a sign. approved by the County, acJ\'ising and notifying the public that such right-of-way is the location of a future road extension. A.lkr dedication and before the conditions of the dedication have been satisfied. and if requested by the County, Owner shall maintain the dedicated land until requested by the County to no longer do so. subject to the Ovmer's right to exclusive use of the dedicated land lor park. recreational. and/or greenspace purposes. Upon being requested by the County. Owner shall cease all use and maintenance of the dedicated land and remove all improvements established by Owner (if any) that the County requests be removed. Owner shall grant temporary construction easements as determined necessary by the County Engineer to allow for the road to be extended tll T1\1P 32/\-:2-4. \\.hich construction easements shall be on Ovmer's property and outside of the dedicated right-uf-\\ay. and shall be established by the applicable site plan. No improvcments 17 shall he located within the temporary construction easements until construction of such road has been completed. XI. SIGNATORY 12. I Certificate. The undersigned certify that they are the only owners of the Property, v,hich is the subject of ZMA-2000-09 and SP 2002-72. 12.2 The Owner. These proffers shall run with the Property and each reference to Chvncr within these proffers shall include within its meaning, and shall he binding upon, Oyvncr's suceessor(s) in interest and/or the developer(s) of the Property or any portion of the Pmperty. (Signature Pages Immediately Follow) 18 This Proffer Statemel11 ma~ be' sib'11ed in counterparts and/or \'ia facsimile witb the same full force and effect as if all signatures were original and on one documenl. SiL'Tlatures of Contract Purchaser and All Owners ~ Date: \, 1 t\ )iJ0 b Contract purchaser: NORTH POIKTE S~J;A.R40~LLE, LLC / // . By: Great East4t'n i\1,ln\agement Comp y, C/l.. Ma ager By: \::J its: ~ LU COMM01\T\VEA1. TH OF VIRGINiA. CrTY OF CRL\RLOTTESYILLE The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that Charles Rotgin, Jr., whose name as President of Great Eastern Management Company, Manager of North Pointe Charlottesville, LLC, a Virginia limited liability company, is signed to the foregoing Proffer Statement bearing the date as ofJu l Lk~O, 2006, acknowledged the same before me in my jurisdiction aforesaid on behalf of said lirHited liability company. '5+ - Given under my hand this::) l - day of ,jU \ \ \ ' 2006. 6 My commission expires: HCL( L.-h ~ I. I ~ ~SEAL] ipt fl-Oj\Lh Totar)' Public 19 ') '2, --:?I ./ ~~ i"'i:/'C:' VIRGINIA LAND TRUST {~y;;~ /~ /P~- its: Trustee By: Date: (: , )~i ! (/ /-, 7/ / COMMONWEAL TH OF VIRGINIA COUNTY OF ALBEMARLE The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that Charles William Hurt, whose name as Trustee of Virginia Land Trust, a Vir~inia land trust, is signed to the foregoing Proffer. State~~nt . b~aring the. date as of -:s: ('1 z 0 , 2006, aclmowledged the same before me ill mY]UnSdlctlOn aforesald on behalf of said Trust. Given under my hand this d-/0' day of -=s- J; ,2006. --=--- My commission expires: ..2;. /..J...vG SD) 2(90ct [ SEAL] ~I ~. 4 / d~ . .~>>~~ / Notary Public 20 )4 Date: {7)' ,i 1 .,C'. - .- . '"l .,.::-./1-,__, VIOLET HILL ASSOCLA..TES. L.L.c. By:~">,.L-~;: -=rt. / ltS : ManaQ.er . COMM01\'\VEA..LTH OF V1RGINLA.. cotmTYOFALBEMLARLE The undersigned Notary Public in and for the jurisdiction aforesaid hereby cenifies that Charles William Hurt whose name as Manager of Violet Hill Associates, L.L.C -, a Virginia limited liability company, is signed to the Proffer StatemeDt bearing the date as o[":S~I'1 20- , 2006, acknowledged the same before me 111 my JunsdlctlOn aforesaId on behalf of said limited liability company. Given under my hand this c:Z I c;;f-. day of T,-,-, L-, I ,2006. My commission expires: -::S-u-/J'E 30, 2009 (i:1 L ~. rr~J~ ~ Notary Public [SEAL] 21 2c; CVlH PROPER TIES LIMITED p"~ TNERSHIP Date: . ---, ,.- ,.... / I / ._ / I By': ,''-",~ ~.l~, -"~----7F~~-> its: General Partner ~ 4-' ft' 'j COMMONVv'EA..LTH OF VIRGINIA COUNTY OF ALBEMARLE The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that Charles William Hurt, whose name as General Partner of eWE Properties Limited Partnership, a Virginia limited partnership, is signed to the foregoing Proffer Statement bearing the date as of 3u...~ 2.0 ,2006, acknowledged the same before me in my jurisdiction aforesaid on behalf of said partnership. Given under my hand this K. day of -S- ~ ' 2006. ( ~ My commission expires: ~LU..r~ s..c:> L..~ I //ft:L~~~~ [SEAL] Notary Public 22 2(f EDWARD R. .IACI~SO],; TRUST By: Bank of America. NA, Trustee /--;--'-1 r B J /-, - V. --. /, -- ., -' . .. f.' ~ _ _.' L J -/-'1 )//' ;~~:..-"'~ ,..;....-'l."'--l'~- /, 1- ~~ 0: t.IS. : J--". .s . --'-'. . ......_""_'-('~( ,7r , -r::.....:_,-:":( -<::L'/~ Date: COlv11'viONV/EAl TH OF VIRGINlA.. CITY OF CRi\RLOTTESVILLE f?,t:!:.' undersigned Notary Public in and for the jurisdiction aforesaid jerebI' certifies 111al , 'CL.- A-. &.J.r6 ' whose name as t; '4& s; tJ:f of Bank of America, NA, Trustee ofthe Edward R. Jackson Trust, is signed to the egoing Proffer Statement bearing the date as of 7 / .:J.-/ ,2006, acknowledged the same before me in my jurisdiction aforesaid on behalf of sai6 Trust. . Givcn Llnder my hand this ')IJ day of n .2006 My commission expires: ;11 J $ / dtJtJ P ~ ~ ~-.A' -. -. Notary ~hhC [SE~] \\REI\'275754.] 7 1252007\'3 1262446\'12 13 Ll OJ r- - co - I >< W I _....::~~;:: ;;;;;;',:;;;,;:;; < .; 511"'S?~ ^, _~";;;>iu"i}21:;;jJ}f -""';;,,~(~,! J:B:~;I~~;tt~jn~iiR? 'Kl:u..;>.:J lor:f::i~' w;:Il~vro5 .31.NIOd Hl.tION. l.L v <' ~~~1;~t~L~~;", I!:" i9 w [c, ':: ~, 0' S - (\. C". 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