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Home My WebLink AboutZMA202100014 Proffers 2022-06-15Original 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: 5w Street Forest LLC and Region Ten Community Services Board, Inc. `- Date of Proffer Signature: S 2p7c ti 1 "t 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. 561 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. 1. 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 generate 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. 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 5' Street Forest LLC, dated April 15, 2020 (the "Performance Agreement"), as it may be amended in the future pursuant to the terms and conditions thereof. (Signature Pages Immediately Follow) 2 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: / /-&� Kyle Redinger, Manager COMMONWEALTH OF VIRGINIA e,"CIT COUNTY OF Cho,,,"¢sV � \\e , to wit: The foregoing instrument was acknowledged before me this 111+" day of S e ��e c .fir 2020 by Kyle Redinger, Manager of Albemarle Land Development LLC. My Commission expires: Notary Public SEANDELLE RENEE KORTE Notary Public Commonwealth of Virginia Registration No. 358491 My Commission Expires lun 30, 2021 Owner of Tax Parcel 07600-00-00-046F0: REGION TEN COMMUNITY SERVICES BOARD, INC. a Virginia corporation BY: Gha )L . -f Lisa Beitz, Executiv irector 20' OFFSET FOR ADEQUATE SLIP LANE SEPARATION 16' LANE DEDICATION Fr q 40 0 40 80 120 Graphic Scale: 1"=40' 4' TRUCK APRON 85' SLIP LANE RADIUS W' � .5' CURB & CUTTER LAWIU I-� b I NI r !4 -SJDEJNALL /_1' MAINTENANCE \ 50' INSCRIBED DIAMETER 12' TRAVEL LANE T ZONING MAP AMENDMENT ZMA201900003 BEMARLE BUSINESS CAMPUS SINGLE -LANE ROUNDABOUT EXHIBIT Sheet 1 of 1 This exhibit is shown for roundabout feasibility purposes. This exhibit shows a roundabout with a 150' inscribed diameter, slip lane, and pedestrian improvements. Approximately 0.05 AC (2350 SF) ROW dedication from the eastern portion of the project property may be required for a single -lane roundabout with a 150' inscribed diameter. Key Area on project property that may be required for roundabout improvements Parcel boundary TMP(s) 76-46A, 76-54, Portion of 76-46F Submitted 18 March 2019 Revised 17 June 2019 Revised 29 July 2019 Revised 13 September 2019 Revised 16 December 2019 REVISED 16 MARCH 2O20 project: 18.004 SHIMP ENGINEERING, P.C.