HomeMy WebLinkAboutZMA200500017 Action Letter Zoning Map Amendment
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Fax (434) 972-4012
Phone (434) 296-5832
September 21,2007
i .
Steve Blaine c/o LeClair Ryan
123 E. Main Street, 8th Floor
Charlottesville, VA 22902
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RE: ZMA 2005-00017, Biscuit Run (Signs #52,56,63)
TAX MAP/PARCEL: ~0/5, 90/60 (portion), 90/,,170, 9QA/3, 90A1/1, 90~H1E, 90A/1A,
and 90A/1 B \ . v . , ,
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Dear Mr. Blaine:
The Board of Supervisors approved your rezoning application on September 12,2007. Your
rezoning of approximately 828 acres from R-1 Residential (1 unit/acre), and R-2 Residential (2
units/acre) Districts to NMD Neighborhood Model District which allows residential (3 - 34
units/acre) mixed with commercial, service and industrial uses was approved in accordance with
the Code of Development dated August 31, 2007 and the attached proffers dated September
10,2007. An application plan/plan of development dated August 31,2007 was approved as
part of the rezoning. Please refer to these documents for any future applications and requests
on this property.
In addition, the Board approved your requested waivers:
. Waiver for parking and loading study, and
. Waiver for lot layout
Please be advised that although the Albemarle County 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 requirements of the CODE OF DEVELOPMENT;
. compliance with conditions of a SPECIAL USE PERMIT;
. approval of and compliance with SIT~PLANS and SUBDIVISION PLATS; and
. approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above-noted action, please do not hesitate to
contact Sherri Proctor at 296-5832.
Sincerely,
o.
PROFFER STATEMENT
BISCUIT RUN
Date: January 3, 2006 (last revised September 4,2007)
ZMA #: ZMA-2005-017 Biscuit Run (formerly known as Fox Ridge)
Tax Map Parcel Numbers: 90-5, 90-6D (portion), 90-17D, 90A-3, 90A1-1, 90A1-1E, 90A-1A
and 90A-1 B
The Property described with more particularity on plat of Thomas B. Lincoln Land
Surveyor, Inc., dated April 17, 2007, Revised May 29,2007, entitled, "Map Showing Area to be
Rezoned Tax Map 90 Parcels 5 and 17D Tax Map 90A Parcels lA, 1B and 3 Tax Map 90A1
Parcels 1 and IE and a Portion of Tax Map 90 Parcel 6D Property Belonging to Forest Lodge
LLC Lying Between State Routes 20 and 631 Scottsville District Albemarle County, Virginia,"
comprising approximately 827.5 acres and also described in the records of the County of
Albemarle as Tax Map Parcel Numbers 90-5, 90-6D (portion), 90-17D, 90A-3, 90A1-1, 90A1-
IE, 90A-1A and 90A-1B (the "Property") is subject to rezoning application ZMA-2005-017 and
to this Proffer Statement. The Owners of the Property are Forest Lodge, LLC, a Virginia limited
liability company, Elizabeth Breeden, and Biscuit Run, LLC, a Virginia limited liability
company, their successors and assigns (collectively, the "Owner"),
The Owner hereby voluntarily proffers that if the Albemarle County Board of
Supervisors acts to rezone the Property from the R1 and R2 Districts to the Neighborhood Model
District as requested, the Owner shall develop the Property in accord with the following
proffered development conditions (each, a "Proffer," and collectively, the "Proffers"), which the
Owner acknowledges are reasonable, pursuant to Section 15.2-2303 of the Code of Virginia,
1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. If
rezoning application ZMA 2005-017 is denied, these proffers shall immediately be null and void
and of no force and effect.
This Proffer Statement shall relate to the General Development Plan entitled "Biscuit Run
Neighborhood Model District General Development Plan for a Zoning Map Amendment ZMA-
2005-017" prepared by Collins Engineering, containing 10 sheets, dated September 26, 2005,
last revised August 31, 2007 (the "GDP") and to the Biscuit Run Neighborhood Model District
Code of Development dated August 31, 2007 (the "COD"),
As used throughout these Proffers, the following capitalized terms shall have the
following meanings:
"Design Standards Manual" shall refer to the Albemarle County Design Standards
Manual, as amended'from time to time.
"Owners' Association" shall refer collectively to one or more responsible property
owners' associations to be created by the Owner for the purpose of, inter alia, maintaining
common areas within Biscuit Run.
Page 1 of 20
Attachment D
Proffer Statement (cant'd)
ZMA-2005-017 Biscuit Run
January 3, 2006 (last revised September 4, 2007)
''Neighborhoods 4 and 5" shall refer to Neighborhoods 4 and 5 as depicted on the
Albemarle County- Virginia, Land Use Plan, Map 0, 2015 Land Use Plan, Adopted June 1996,
Amended October 2001.
"Phase of Development" or "Phase" shall have the meaning set forth on p. 47 of the
COD. Under no circumstances shall the recordation of subdivision plats creating an
approximately five-acre parcel containing the existing Breeden residence and an approximately
31-acre parcel containing the curtilage of the Breeden residence and the immediately-adjacent
acreage in Block II (the "Breeden Land"), be deemed to commence a Phase or to trigger the
obligations of any Proffer hereunder, Any further subdivision of the Breeden Land shall be
subject to compliance with these Proffers.
"First Residential Building Permit" shall mean the building permit issued for the first
residential dwelling unit within the Property; excluding, however, any building permit for a
dwelling located within the Breeden Land,
I, Greenwav Dedication and Parks. The Owner shall provide the following greenway,
trails, parks, green space and district park:
A. Greenway Trail. Upon the request of Albemarle County (the "County"), but not
earlier than the County's approval of a master plan for the Greenway, the Owner shall dedicate
to the County for public use, either in fee simple or, at the County's option, as one or more
easements, no less than One Hundred Twenty (120) acres in greenway area as shown on Sheet 5
of the GDP (the "Greenway"), subject to necessary easements for completion of the Owner's
construction and maintenance obligations under this Proffer IA. Before the date of issuance of
the First Residential Building Permit, the Owner shall prepare (at the Owner's sole expense) and
submit for approval a master plan for the Greenway to the County's Parks and Recreation
Department identifying the improvements to be constructed by the Owner within the Greenway,
which shall include, at minimum, a path constructed in accordance with the Detail for Trailway
Design and the notes on Sheet 5 of the GDP and reasonable and necessary foot bridges,
boardwalks, signage, benches and pet waste disposal stations (the "Greenway Master Plan").
Before the building permit for the first dwelling in any Phase containing any portion of
the Greenway is issued, the Owner shall design, construct and install a trail and associated
improvements on the portion of the Greenway located within such Phase in substantial
accordance with the Greenway Master Plan, all at the Owner's sole expense. The Owner may,
with the express written consent of the County's Parks and Recreation Department, maintain in
accordance with the standards set forth in the Greenway Master Plan any portion of the
Greenway that has been previously dedicated to public use. If the Greenway is dedicated by one
or more subdivision plats, each such subdivision plat shall depict the Greenway and bear a.
notation that the Greenway is dedicated for pubfic use, If, at the time the County requests
dedication of the Greenway, any part of the Greenway has not been dedicated by subdivision
plat, the Owner shall pay the costs of surveying the Greenway, preparing one or more plats
thereof and preparing and recording one or more deeds of dedication.
Page 2 of 20
Proffer Statement (cont'd)
ZMA-2005-017 Biscuit Run
January 3, 2006 (last revised September 4,2007)
B. Off-Site Extension of Greenwav Trail. Upon the County's approval of
construction drawings for the improvements described in this Proffer 1 B, but not earlier than the
date of issuance of the First Residential Building Permit, the Owner shall construct an extension
of the trail described in Proffer lA from the northern boundary of the Property along Biscuit Run
Creek to Interstate 64 in the general location shown on Sheet 4A of the GDP as "Off-Site
Trailways" (the "Extension Trail"), The Extension Trail shall be constructed to the same
standards described in the Greenway Master Plan. The Owner's obligations under this Proffer
1 B shall be contingent on the provision, without cost to the Owner, of adequate right-of-way and
easements as necessary for the Extension Trail to be constructed and maintained; provided,
however, that the Owner shall cooperate with the County to obtain, without cost to the Owner,
such right-of-way and easements. Notwithstanding the foregoing, the Owner may, at its sole
option exercised at any time, satisfy this Proffer IB by paying to the County the cost of
construction of the Extension Trail, up to a maximum of One Hundred Thousand Dollars
($100,000.00), in lieu of constructing the Extension Trail. In the event the Owner has not
previously elected to provide cash in lieu of construction, and right-of-way and easements for the
Extension Trail have not been provided within ten (10) years after the date of issuance of the
First Residential Building Permit, then at such time the Owner shall provide a cash contribution
to the County in the amount of One Hundred Thousand Dollars ($100,000.00) for use toward
funding parks and recreation improvements located within the boundaries of Neighborhoods 4
and 5, which contribution shall fully satisfy this Proffer IB.
C. Perimeter Trail. The Owner shall construct a perimeter trail throughout the
Property in general accord with the location depicted on Sheet 5 of the GDP as "Trail way" (the
"Perimeter Trail") in accordance with the terms of this Proffer 1 C. Before the building permit
for the first dwelling in any Phase coritaining any portion of the Perimeter Trail is issued, the
Owner shall design, construct, install and dedicate to the Owners' Association the portion of the
Perimeter Trail located within such Phase, including any portion of the Perimeter Trail located
immediately outside such Phase and connecting to another Phase, in substantial accordance with
the minimum standards provided for a Class B - type 1 primitive nature trail in Section 7H of the
Design Standards Manual. The Perimeter Trail shall be maintained by the Owners' Association.
D. Parks. The Owner shall provide not less than forty-three (43) acres in parks open
to the public throughout the Property in general accord with the locations shown on Sheet 5 of
the GDP as Parks (each a "Park," and collectively the "Parks"). Each Park shall be designed and
constructed in conjunction with the approval of any final subdivision plat or site plan for lots that
are adjacent to such Park. For the purposes of this Proffer ID, the term "adjacent" shall refer to
land located within the Property abutting or immediately across the street or road from a Park, as
shown on the final subdivision plat or site plan of such land. The construction of each Park shall
be substantially completed, as conclusively evidenced by the installation of all landscaping and
amenities or the posting of a bond or other surety for the installation of such landscaping and
amenities in an amount determined to be appropriate by the County's Subdivision Agent and in a
form determined to be acceptable by the County Attorney, Parks shall be dedicated to and
maintained by the Owners' Association. The Owner shall pay the costs of subdividing and
conveying the Parks to the Owners' Association,
Page 3 of 20
Proffer Statement (coned)
ZMA-2005-017 Biscuit Run
January 3, 2006 (last revised September 4,2007)
E. Other Green Space. The Owner shall provide other green space on the Property
in the locations shown on Sheet 5 of the GDP as "Buffers" and "Passive Recreation Areas."
Each portion of the Buffers and Passive Recreation Areas shall be conveyed to the Owners'
Association in conjunction with the approval of any final subdivision plat or site plan for lots that
are adjacent to such Buffers or Passive Recreation Areas. For the purposes of this Proffer IE,
the term "adjacent" shall refer to land located within the Property abutting or immediately across
the street or road from any Buffers or Passive Recreation Areas, as shown on the final
subdivision plat of such land. The conveyance of each portion of the Buffers or Passive
Recreation Areas shall be completed prior to the issuance of building permits for eighty percent
(80%) of the adjacent residential lots. Buffers and Passive Recreation Areas shall be dedicated
to and maintained by the Owners' Association. The Owner shall pay the costs of subdividing
and conveying the Buffers and Passive Recreation Areas to the Owners' Association.
F. District Park. The Owner shall provide a district park (the "District Park")
adjacent to the Property as follows:
(I) Dedication of Land. Upon the request of the County, but in no event
earlier than five (5) years after issuance of the First Residential Building Permit, the Owner shall
dedicate to the County or its designee, by General Warranty Deed without consideration, fee
simple marketable title to land for a public park of not less than Four Hundred Two (402) acres
identified on Sheet 3 of the GDP as "Proposed District Park 402.6 AC." The Owner shall
concurrently dedicate such right-of-way for road and utility service to the District Park as
reasonably determined to be appropriate by the County Engineer. The Owner shall also be
responsible for constructing roads to the District Park boundary in accordance with Proffer
IF(3). The Owner shall pay the costs of subdividing and dedicating the District Park to the
County.
(2) Cash Contribution, Upon the request of the County, but in no event earlier
than five (5) years after issuance of the First Residential Building Permit, the Owner shall make
a cash contribution to the County in the amount of Two Hundred Thousand Dollars
($200,000.00) for the purpose of funding a master plan for the District Park (the "Park Master
Plan"). If the Park Master Plan is completed for less than Two Hundred Thousand Dollars
($200,000.00), any remaining funds may be retained by the County and used to fund parks and
recreation projects, facilities and improvements within the District Park, If such cash
contribution is not expended for the Park Master Plan within ten (10) years after the date of the
contribution, then all unexpended funds may be used toward funding parks and recreation
improvements located within the boundaries of Neighborhoods 4 and 5.
(3) Roadrrrail Link. The Owner shall design and construct a link between the
Mill Creek South neighborhood and the District Park consisting of (i) a trail over the right-of-
way described in Proffer 6D built to the standard set forth on Sheet 5 ofthe GDP, (ii) a trail that
continues southward from the trail described in subsection (i) to the northern boundary of the
District Park built to the standard of a Class B - type I primitive nature trail as set forth in
Section 7H of the Design Standards Manual (the trails described in (i) and (ii) hereof collectively
referred to as the "Linking Trail"), and (iii) a road segment or segments within the Property
linking the southern end of the Mill Creek South Connection Road (as such term is defined in
Page 4 of 20
Proffer Statement (cont'd)
ZMA-2005-017 Biscuit Run
January 3,2006 (last revised September 4,2007)
Proffer 6D) to the District Park, including construction of a stream crossing permitting access to
the District Park, in the locations and to the standards (including pedestrian and bicycle
accommodations) shown on Sheet 4 of the GDP (the "Linking Road"). The Linking Trail shall
be constructed by the Owner prior to issuance of the building permit for the first dwelling within
Phase A, but not later than five (5) years after issuance of the First Residential Building Permit.
The Owner shall not be entitled to receive a building permit for any dwelling within Phase A nor
the five hundredth (500t~ residential building permit within the Property until the portion of the
Linking Road lying within Phase A is constructed, bonded and ready to be recommended by the
Albemarle County Board of Supervisors for acceptance into the public system, and the County
Engineer has determined that the roadway is safe and convenient for traffic. Likewise, the
Owner shall not be entitled to receive a building permit for any dwelling within Phase D nor the
five hundredth (500th) residential building permit within the Property until the portion of the
Linking Road lying within Phase D is constructed, bonded and ready to be recommended by the
Albemarle County Board of Supervisors for acceptance into the public system, and the County
Engineer has determined that the roadway is safe and convenient for traffic.
G. Championship Field. Upon the request of the County, but not earlier than five (5)
years after the date of issuance of the First Residential Building Permit, the Owner shall dedicate
to the County or its designee, by General Warranty Deed without consideration, fee simple
marketable title to land for public playing fields consisting of no less than three (3) acres
substantially in the location shown on Sheet 5 of the GDP as "Championship Field." The Owner
shall pay the costs of subdividing and dedicating the Championship Field to the County,
H. Cash Proffer for Stream Monitoring Station. Upon the request of Albemarle
County, but not earlier than the date of issuance of the First Residential Building Permit, the
Owner shall contribute to the County or its designee cash in the amount of Thirty Thousand
Dollars ($30,000.00) for the purpose of defraying the cost of installing and maintaining a long-
term flow and sediment monitoring station within the Greenway, as such term is defined in
Proffer lA. If such cash contribution is not expended for the purpose provided in this Proffer IH
within ten (10) years after the date of the contribution, then all unexpended funds may be used
toward funding parks and recreation improvements located within the boundaries of
Neighborhoods 4 and 5.
2. Affordable HousinS!:, The Owner shall provide affordable housing, as defined in this
Proffer 2, equal to fifteen percent (15%) of the total residential units constructed on the Property,
in the form of for-sale condominiums and townhouses, andlor for-rent condominiums,
townhouses, apartments and accessory units, If the Owner elects at its sole option to provide
affordable for-sale single family detached units, such units shall be applied toward the 15%
requirement. The Owner shall convey the responsibility of initially constructing and selling the
affordable units to any subsequent owner or developer of the Property (or any portion thereof),
and such subsequent owner(s) and/or developer(s) shall succeed to the duties of the Owner under
this Proffer 2, and the term "Owner" shall refer to such subsequent owner(s) and/or developer(s),
as applicable,
A. For-Sale Units. At least forty percent (40%) of the total affordable housing
dwelling units provided to satisfy this Proffer 2 shall be for-sale units; provided that such forty
Page 5 of 20
Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3,2006 (last revised September 4,2007)
percent (40%) requirement shall apply to the Project as a whole and not to individual site plans
and subdivision plats.
(1) Affordability; Credit Thresholds. For the purposes of this Proffer 2A, "affordable
housing" shall mean units affordable to households with incomes less than eighty percent (80%)
of the area median income (as determined from time to time by the Albemarle County Office of
Housing) such that housing costs consisting of principal, interest, real estate taxes and
homeowners insurance (PITI) do not exceed thirty percent (30%) of the gross household income;
provided, however, that in no event shall the selling price for such affordable units be more than
sixty-five percent (65%) of the applicable Virginia Housing Development Authority (VHDA)
maximum sales price/loan limit for first-time homebuyer programs at the beginning of the 180-
day period referenced in Proffer 2A(2) hereof (the "VHDA Limit"),
(2) Sale of Affordable Units. All purchasers of the for-sale affordable units shall be
approved by the Albemarle County Housing Office or its designee (the "Housing Office"). At
the proposed time of construction of any affordable unit, the Owner shall provide the Housing
Office a period of one hundred eighty (180) days to identify and approve an eligible purchaser
for such affordable unit. The 180-day qualification period shall commence upon written notice
from the Owner to the Housing Office of the approximate date the unit is expected to receive a
certificate of occupancy from the County (the "Notice"). Such Notice shall be given no more
than ninety (90) days prior to the expected issuance of the certificate of occupancy, and the 180-
day approval period shall extend no less than ninety (90) days after the issuance of the certificate
of occupancy. Nothing in this Proffer 2(A)(2) shall prohibit the Housing Office from providing
the Owner with information on income eligibility sufficient for the Owner to identify eligible
purchasers of affordable units for approval by the Housing Office, If, prior to the end of the 180-
day qualification period, (i) the Housing Office fails to approve a qualified purchaser, or (ii) a
qualified purchaser fails to execute a purchase contract for an affordable unit, then, in either
case, the Owner shall have the right to sell the unit without any restriction on sales price or
income of the purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer
2A. This Proffer 2A shall apply only to the first sale of each of the for-sale affordable units.
B. For-Rent Units. No more than thirty percent (30%) of the total affordable housing
dwelling units provided to satisfy this Proffer 2 may be for-rent apartments, and no more than
thirty percent (30%) of the affordable housing dwelling units provided to satisfy this Proffer 2
may be accessory units; provided, in any case, that such thirty percent (30%) limits shall apply to
the Project as a whole and not to individual site plans and subdivision plats. For purposes of this
Proffer 2B, "accessory units" shall include, without limitation, Accessory Apartments as defined
in Albemarle County Code ~ 18-3.1, as regulated by the Albemarle County Code ~ 18-5,1.34,
and any unit within a two-family dwelling as a two-family dwelling is defined in the Virginia
Uniform Statewide Building Code.
(1) Affordability; Rental Rates. For the purposes of this Proffer 2B,
"affordable housing" shall mean rental units for which the initial net rent does not exceed the
then-current and applicable maximum net rent rate for an affordable housing unit as published by
the Housing Office; provided that, in each subsequent calendar year, the monthly net rent for
Page 6 of 20
Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3,2006 (last revised September 4,2007)
each for-rent affordable unit may be increased up to three percent (3%), For purposes of this
Proffer 2B, the term "net rent" means that the rent does not include tenant-paid utility costs.
(2) Term. The requirement that the rents for such for-rent affordable units
may not exceed the maximum rents established in this Proffer 2B shall apply for a period of ten
(10) years following the date the certificate of occupancy is issued by Albemarle County for each
for-rent affordable unit, or until the units are sold as low or moderate cost units qualifying as
such under either the Virginia Housing Development Authority, Farmers Home Administration,
or Housing and Urban Development, Section 8, whichever comes first (the "Affordable Term").
(3) Conveyance of Interest. All instruments conveying any interest in the for-
rent affordable units during the Affordable Term shall contain language reciting that such unit is
subject to the terms of this Proffer 28. In addition, all contracts pertaining to a conveyance of
any for-rent affordable unit, or any part thereof, during the Affordable Term shall contain a
complete disclosure of the restrictions and controls established by this Proffer 2B. At least thirty
(30) days prior to the conveyance of any interest (other than for the securing of a mortgage or
deed of trust) in any for-rent affordable unit during the Affordable Term, the then-current owner
shall notify the Albemarle County Chief of Housing in writing of the conveyance and provide
the name, address and telephone number of the potential grantee, and state that the requirements
of this Proffer 2B(3) have been satisfied.
(4) Reporting Rental Rates. During the Affordable Term, within thirty (30)
days after the commencement of the lease term for each for-rent affordable unit, the Owner shall
provide to the Housing Office a copy of the lease agreement for each such unit rented that shows
the rental rate for such unit and the term of the lease. In addition, during the Affordable Term,
the Owner shall provide to Albemarle County, if requested, any reports, copies of lease
agreements, or other data pertaining to rental rates as Albemarle County may reasonably require.
C, Verification on Site Plans and Subdivision Plats. Each subdivision plat and site
plan for land within the Property (except for subdivisions that either (i) do not create lots or units
for individual residential occupancy but rather divide the Property into large tracts to be further
subdivided and developed by another party, or (ii) contain only for-sale single family detached
units, unless the Owner elects to provide affordable single family detached units in such
subdivision) shall identify the lots and/or units that will constitute affordable housing. The total
number of such lots or units designated for affordable units within each subdivision plat and site
plan shall constitute a minimum of fifteen percent (15%) of the lots and units in such suhdivision
plat or site plan, Notwithstanding the foregoing, however, up to an additional fifteen percent
(15%) affordable units on any site plan or subdivision plat which are in excess of the fifteen
percent (15%) minimum required may be "banked," or carried forward for credit on future site
plans and subdivision plats.
D, Phasing of Affordable Housing Units. Before the Owner applies for a building
permit for the 501 st, 1,001 st, 1,501 st, 2,001 st, 2,501 st and 3,001 st dwelling units on the Property
(each, a "Milestone"), the Owner shall, in each case, have offered for sale or rent as provided in
Proffers 2A and 2B, respectively, a minimum of fifty (50) affordable housing units since the
Page 7 of20
Proffer Statement (cant' d)
ZMA-2005-0 17 Biscuit Run
January 3,2006 (last revised September 4,2007)
immediately previous Milestone (if any) was reached. Building permits issued for dwellings
within the Breeden Land shall not be included in the calculation of any Milestone.
3, Learninl! Center Site. Within twenty-four (24) months after request by the County, but
in no event earlier than five (5) years after the date of issuance of the First Residential Building
Permit, the Owner shall dedicate to the County or its designee, by General Warranty Deed
without consideration, fee simple marketable title to a parcel of land for a public learning center
or elementary school site of not less than twelve (12) acres abutting a publicly-dedicated right-
of-way, as shown on Sheet 2 of the GDP and labeled "Learning Center", together with
appropriate right-of-way for utility service to the Learning Center (the "Learning Center Site").
The Owner shall cause the Learning Center Site to be graded and compacted to a minimum of
95% compaction as measured by a standard Proctor test with suitable material for building
construction as certified by a professional engineer or as otherwise approved by the County
Engineer to establish a fully graded pad site to accommodate an elementary school. The grading
shall also comply with all other applicable County grading requirements and specifications so
that it may be used as a public school site (i.e., so that it is a "pad ready" school site), as
determined by the County Engineer. The Owner may grade the Learning Center Site either in
conjunction with construction of the Connector Road described in Proffer 6C below or at such
later time as may be specified by the County. The Owner shall prepare a subdivision plat or site
plan for the Learning Center Site that shall reflect sidewalks at the perimeter of the Learning
Center Site which shall be installed by the Owner within six (6) months after the County's
request therefor, but in no event earlier than five (5) years after the date of issuance of the First
Residential Building Permit. The Owner shall provide all utilities, including, without limitation,
water, sewer, natural gas, electricity, cable, telephone and other communications, to the
boundary of the Learning Center Site, and establish storm water management facilities on the
Property for use by the Learning Center Site so that no permanent storm water management
facilities will be required on the Learning Center Site. The storm water management facilities
shall be appropriately sized, as reasonably determined by the County's program authority, to
accommodate storm water from the Learning Center Site at its full buildout. Dedication of the
Learning Center Site shall include easements across the Owner's land for access to and use of
such storm water management facilities, temporary easements as necessary for constructing the
Learning Center and temporary easements necessary to allow storm water management facilities
to be redesigned and enlarged, if necessary, to accommodate storm water from the Learning
Center Site. The Learning Center Site may be used as an elementary school site, but if the
County determines that the Learning Center Site will not be used as an elementary school site, it
shall be used by the County for educational or recreational purposes serving both the Biscuit Run
community and the region, which may include but is not limited to use as a community park (in
which case the Owner shall not be obligated to grade the site).
4, Overlot Gradinl! Plan. The Owner shall submit with the application for each
subdivision plat of lots for use as single family detached or single family attached dwellings on
the Property an overlot grading plan meeting the requirements of this Proffer 4 (hereinafter, the
"Grading Plan"), The Grading Plan shall show existing topographic features to be considered in
the development of the proposed subdivision and proposed final grades, The Grading Plan shall
be approved by the County Engineer prior to final approval of the associated subdivision plat.
The subdivision lots shall be graded as shown on the approved Grading Plan. No certificate of
Page 8 of20
Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3, 2006 (last revised September 4,2007)
occupancy shall be issued for any dwelling on a lot where the County Engineer has determined
the lot is not graded consistent with the approved Grading Plan. Each Grading Plan shall satisfy
the following:
A. The Grading Plan shall show all proposed streets, building sites, surface drainage,
driveways, trails, and other features the County Engineer determines are needed to verify that the
Grading Plan satisfies the requirements of this Proffer 4.
B. The Grading Plan shall be drawn to a scale not greater than one (1) inch equals
fifty (50) feet.
C. All proposed grading shall be shown with contour intervals not greater than two
(2) feet. All concentrated surface drainage over lots shall be clearly shown with the proposed
grading. All proposed grading shall be designed to assure that surface drainage can provide
adequate protection from the flooding of dwellings in the event a storm sewer fails.
D. Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not
exceed a gradient of three (3) feet of horizontal distance for each one (1) foot of vertical rise or
fall (3: 1). Steeper slopes shall be vegetated with low maintenance vegetation as determined to be
appropriate by the Program Authority, as such term is defined in ~ 17-104(37) of the Albemarle
County Code (the "Program Authority") in its approval of an erosion and sediment control plan
for the land disturbing activity, These steeper slopes shall not exceed a gradient of two (2) feet
of horizontal distance for each one (1) foot of vertical rise or fall (2:1), unless the County
Engineer finds that the grading recommendations for steeper slopes have adequately addressed
the impacts.
E. Surface drainage may flow across up to three (3) lots before being collected in a
storm sewer or directed to a drainage way outside of the lots,
F. No surface drainage across a residential lot shall have more than one-half (1/2)
acre of land draining to it.
G. All drainage from streets shall be carried across lots in a storm sewer to a point
beyond the rear of the building site,
H. The Grading Plan shall demonstrate that driveways to lots will not be steeper than
twenty (20) percent unless certified by an engineer that the driveway at the proposed steepness
would be safe and convenient for vehicles (including emergency vehicles) to use the driveway,
and shall include grading transitions at the street that the agent determines will allow passenger
vehicles to avoid scraping the vehicle body on the driveway or the street. Additionally, the
driveway grading shall provide an area in front of the proposed garage, or, where no garage is
proposed, an area for vehicle parking, that is not less than eighteen (18) feet in length that will be
graded no steeper than eight (8) percent.
I. The Grading Plan shall demonstrate that, for any dwelling not served by a front
stair, an area at least ten (10) feet in width (or to the lot line if it is less than (10) feet) abutting
Page 9 of20
Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3,2006 (last revised September 4,2007)
the fa<(ade of the proposed structure that faces the street and provides pedestrian access to
adjacent public sidewalks, has grades no steeper than ten percent (10%). This graded area also
shall extend from the entrance of the dwelling to the driveways or walkways connecting the
dwelling to the street.
J. Any requirement of this Proffer 4 may be waived by the County Engineer by
submitting a waiver request with the preliminary subdivision 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 County Engineer; (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 compliance with the requirement of this Proffer 4 for which a waiver is requested 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 ofthe Property, and to the land adjacent thereto.
K. The Owner may request that a Grading Plan be amended at any time, All
amendments shall be subject to review and approval by of the County Engineer.
5. Critical Slopes. Erosion and Sediment Control and Stormwater Manae:ement.
A. Critical Slopes, The Owner shall apply for critical slope waivers for any roads
located in critical slopes governed by ~ 18-4.2 et seq. of the Albemarle County Code.
B. Erosion and Sediment Control. The Owner shall, to the maximum extent
practicable as determined by the County's Program Authority, provide additional erosion and
sediment controls to achieve a sediment removal rate of eighty percent (80%) for the Property.
(As a reference, current regulatory structural measures achieve a 60% optimal removal rate,)
C, Revegetation. Within nine (9) months after the start of grading under any erosion
and sediment control permit, permanent vegetation shall be installed on all denuded areas, except
for areas the Program Authority determines are otherwise permanently stabilized or are under
construction with an approved building permit. A three (3) month extension for installation of
permanent vegetation may be granted by the Program Authority due to special circumstances
including but not limited to weather conditions.
D, Stormwater Management. The Owner shall, to the maximum extent practicable
as determined by the County's Program Authority, provide additional stormwater management to
achieve a removal rate 20% better than would otherwise be required by the Water Protection
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Proffer Statement (cont'd)
ZMA-2005-0 I 7 Biscuit Run
January 3,2006 (last revised September 4,2007)
Ordinance (Albemarle County Code 9 17-100 et seq.), up to a maximum of eighty percent (80%)
removal rate for each Phase.
6. Transportation Improvements.
A. Off-Site Traffic Signals. Upon determination by the Virginia Department of
Transportation ("VDOT"), based on one or more traffic signal warrant analyses, that the
following traffic signals are warranted, the Owner shall proceed to design and install the
warranted traffic signals (including necessary and related improvements to the intersection) at
each of the following two (2) intersections in Albemarle County in accordance with the terms of
this Proffer 6A: (i) 5th Street Extended and Sunset Avenue, shown as (4) on Exhibit A attached
hereto, and (ii) Scottsville Road (Rt. 20) and Avon Street Extended, shown as (5) on Exhibit B
attached hereto. Within ninety (90) days after receipt of the warrant analyses supporting the
signal improvements, the Owner shall submit proposed traffic signal designs for th~ warranted
traffic signals to VDOT. The Owner shall then install the traffic signals within six (6) months
after approval by VDOT of the designs for the traffic signals. In the event all contingencies to
this Proffer 6A have not been satisfied within twenty (20) years after the date of the issuance of
the first residential building permit within the Property then this Proffer 6A shall expire and
Owner shall have no further obligation to make this Proffer 6A.
B. Off-Site Turn Lanes. At the northern intersection of 5th Street and the Interstate
64 ramps in Albemarle County shown as (1) on Exhibit A attached hereto, the Owner shall
construct one southbound right turn lane (turning from southbound 5th Street onto the westbound
1-64 entrance ramp) and one westbound right turn lane (turning from the westbound 1-64 exit
ramp onto northbound 5th Street), in accordance with the terms of this Proffer 6B. In addition, at
the southern intersection of 5th Street and the Interstate 64 ramps shown as (2) on Exhibit A, the
Owner shall construct one northbound right turn lane (turning from northbound 5th Street onto
the eastbound 1-64 entrance ramp) and one eastbound right turn lane (turning from the eastbound
1-64 exit ramp onto 5th Street southbound), in accordance with the terms of this Proffer 6B. The
locations of the proffered lanes are shown on Exhibit A for reference. The Owner's obligations
to construct the turn lanes provided in this Proffer 6B shall be contingent on provision by VDOT
of appropriate right-of-way for such lanes, The design of all turn lanes shall be subject to prior
approval by VDOT. In the event all contingencies to this Proffer 6B have not been satisfied
within twenty (20) years after the date of the issuance of the first residential building permit
within the Property then this Proffer 6B shall expire and Owner shall have no further obligation
to make this Proffer 6B.
C. Connector Road: Southwood Contribution. Within ten (10) years after approval
of ZMA 2005-017 or before issuance of the sooth residential building permit within the Property,
whichever first occurs, the Owner shall design, construct and dedicate to public use a connecting
road between Scottsville Road (Rt. 20) and Old Lynchburg Road, including one (1) stream
crossing, in the location and to the standards (including pedestrian and bicycle accommodations)
shown on Sheet 4 of the. GDP and described in the COD (the "Connector Road"), including the
dedication of related drainage, slope and utility easements. The Connector Road shall be
constructed, bonded and ready to be recommended by the Albemarle County Board of
Supervisors for acceptance into the public system, and the County Engineer shall have
Page II of20
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Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3,2006 (last revised September 4,2007)
determined that the roadway is safe and convenient for traffic. Street and parking lane widths for
the Connector Road may be reduced if allowed by VDOT and approved by the County Director
of Community Development. As part of its obligations under this Proffer 6C, the Owner shall be
responsible for acquisition of necessary right-of-way between the Property and Old Lynchburg
Road through the Southwood Mobile Home Park (the "Southwood Section"). The design of the
Southwood Section shall be coordinated with the County and the owner of the Southwood
Mobile Home Park and subject to prior approval by VDOT.
D. Mill Creek South Connection. Upon demand of the County, but no earlier than
the issuance of the First Residential Building Permit, the Owner shall dedicate right-of-way
sufficient for one (1) future vehicular connection from the pedestrian and street network within
the Property to the common boundary with the Mill Creek South neighborhood, generally in the
location and dimensions depicted on Sheet 4 of the GDP and p, 26 of the COD as Road K and
Section Type IX, respectively (the "Mill Creek South Connection"). At the time such right-of-
way is dedicated to the County (and notwithstanding the schedule provided in Proffer IF(3) for
construction of the remainder of the Linking Trail), the Owner shall also grade the area of the
Mill Creek South Connection consistent with a future 30' curb-to-curb roadway with sidewalks
and planting strips and construct that portion of the Linking Trail located within the area of the
Mill Creek South Connection. Such right-of-way shall be used for bicycle, pedestrian and
emergency access to the Property until such time as the Albemarle County Board of Supervisors
determines vehicular connection is required. Contingent on the provision, without cost to the
Owner, of adequate off-site right-of-way and easements as necessary for construction and
maintenance of a vehicular connection extending from the Property's common boundary with the
Mill Creek South neighborhood generally northward to Stoney Creek Drive, and upon the
request of the Albemarle County Board of Supervisors, but in no event earlier than the issuance
of the First Residential Building Permit, the Owner shall construct a vehicular connection from
the Property's internal street network over the Mill Creek South Connection and extending to
Stoney Creek Drive, to the standards and on a schedule approved by the Albemarle County
Board of Supervisors; provided, however, that such vehicular connection shall be posted as open
only to passenger vehicles and not to construction traffic. In the event all contingencies to this
Proffer 6D have not been satisfied within twenty-five (25). years after the issuance of the First
Residential Building PetIl1it,then this Proffer 6D shall expire and Owner shall have no further
obligation to make this Proffer 6D,
E, ITS Improvements. The Owner shall contribute cash in the amount of One
Hundred Fifty Thousand Dollars ($150,000,00) to an escrow agent approved by the County to be
held by the escrow agent for the purpose of funding communication and signal timing
improvements at locations to be agreed upon by the County and the City of Charlottesville. The
cash contribution shall be made within twelve (12) months after recordation of the first
subdivision plat creating lots or units for individual residential occupancy within the Property,
Funds held in escrow in accordance with this Proffer 6E shall be released from time to time upon
instruction by the Albemarle County Board of Supervisors either (i) to the City or its designee
for the purposes provided herein or (ii) to the County or its designee for such purposes as the
Albemarle County Board of Supervisors may set forth in its instruction. If the cash contribution
provided in this Proffer 6E has not been exhausted by the County for the stated purpose within
ten (10) years after the date ?f the issuance of the first residential building permit within the
Page 12 of20
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Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3,2006 (last revised September 4,2007)
Property, then all unexpended funds may be used towards funding any improvements listed on
the County's adopted capital improvement program or other adopted County plan or priority list
and located within the boundaries of Neighborhoods 4 and 5.
F, Frontage Improvements. Contemporaneously with, and as part of, frontage
improvements along Scottsville Road (Rt. 20) and Old Lynchburg Road required in connection
with any subdivision plat or site plan for the Property, the Owner shall construct such turn lanes
and improvements to the horizontal alignment, vertical alignment and cross-section of Scottsville
Road (Rt. 20) and Old Lynchburg Road as reasonably necessary to provide safe and convenient
access to Biscuit Run; provided, however, that the Owner's responsibility under this Proffer 6E
shall be limited to the extent of the Property's frontage only. Improvements constructed in
accordance with this Proffer 6F shall be designed and constructed to applicable VDOT standards,
including, without limitation, VDOT's Geometric Design Standard for a Rural Collector road
(GS-3) and VDOT's Geometric Design Standard for a Rural Minor Arterial road (GS-2), as such
standards may be amended from time to time. Street AA, which runs generally parallel to
Scottsville Road (Rt. 20), as described on Sheet 4 of the GDP and p, 27 of the COD, shall be
constructed, bonded and ready to be recommended by the Albemarle County Board of
Supervisors for acceptance into the public system, and the County Engineer shall have
determined that the roadway is safe and convenient for traffic, no later than the date of
completion of the Connector Road, as described in Proffer 6C.
G. Stream Crossings. The Owner shall construct three (3) stream crossings in the
locations shown on Sheet 4 of the GDP (the "Stream Crossings"). The Stream Crossings shall be
designed and constructed to span the stream and adjacent floodway, The stream crossing located
on the east-west connector road shall be constructed at the time provided in Proffer 6C. The
stream crossing providing access to the District Park shall be constructed at the time provided in
Proffer IF(3). The remaining stream crossing shall be constructed at the time the adjacent
roadway is constructed but in no case later than the date of completion of the Connector Road, as
described in Proffer 6C.
7. Transit.
A. Cash Contribution, The Owner shall contribute cash in the amount of One
Million Dollars ($1,000,000,00) to the County or its designee (which may include a regional
transit authority) to be used for capital and/or operating expenses related to the extension of
public transit service to the Property and its surrounding area. Such cash contribution may also
be used towards the formation, capitalization and operation of a regional transit authority whose
service area includes the Property. The cash contribution shall be made to the County or its
designee within twelve (12) months after recordation of the first subdivision plat creating lots or
units for individual residential occupancy within the Property, If the cash contribution provided
in this Proffer 7 A has not been exhausted by the County for the statecl purposes within eighteen
(18) months after the date of the issuance of the first residential building permit within the
Property, then all unexpended funds may be retained by the County for any public purpose.
B. Transit Stops. The Owner shall construct six (6) public transit stops, including
design, construction and dedication of related improvements such as turnoffs, benches, shelters
Page 13 of 20
Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3,2006 (last revised September 4,2007)
and lighting, all substantially in accordance with Sheet 4A of the GDP and the COD, modified as
determined to be necessary by the County Department of Community Development to facilitate
efficient transit service to the Property, One of the transit stops may, at the County's option,
include a "kiss and ride" facility consisting of no less than eight (8) temporary parking spaces for
the discharge and retrieval of transit passengers by private vehicles together with a sheltered
passenger waiting area and bus pull-off Construction and dedication to public use of each
transit stop shall occur in conjunction with the construction and dedication of the road section on
which such stop is located.
C. Park and Ride Lot. The Owner shall provide a paved parking area on the Property
consisting of no less than twenty (20) spaces within Block 2 (as shown on Sheet 2 of the GDP)
for temporary use by commuters accessing transit, trails or carpools (the "Park and Ride Lot").
Construction of the Park and Ride Lot shall occur in conjunction with the construction and
dedication of the adjacent road section or, if the Park and Ride Lot is constructed within a
parking area for another use (e.g., a grocery store), then the Park and Ride Lot shall be
constructed in conjunction with such use; provided, however, that the Park and Ride Lot shall be
constructed no later than the date of completion of the Connector Road, as described in Proffer
6C.
D. Car Sharing Service. The Owner shall provide three (3) parking spaces on the
Property for location of car sharing vehicles (e.g., Zipcar vehicles), the locations of which shall
be determined in cooperation with the County Department of Community Development and
provided in conjunction with the construction and dedication of the adjacent road section;
provided, however, that such parking spaces shall be constructed no later than the date of
completion ofthe Connector Road, as described in Proffer 6C.
E. Permanent Transit Service. The Owner shall provide transit service between the
Property and the University of Virginia and the City of Charlottesville Downtown Transit Station
at 615 East Water Street (and such other locations as may be determined by the Owners'
Association) in accordance with this Proffer 7E. The transit service shall commence as a private
transit service no later than the date of issuance of the building permit for the five hundredth
(500th)dwelliI1g on t~e Property, sh~ll run during weekday morning and eveningcommuting
hours (at a minimum), and shall continue for ten (10) years or until the earlier provision of public
transit service (by a regional transit authority or otherwise) to the Property, Routes and timing of
the transit service provided hereunder, as well as any proposed use of the City of Charlottesville
Downtown Transit Station, shall be coordinated with Charlottesville Transit Service. Funding
for the transit service described in this Proffer 7E shall be provided through assessments
administered by the Owners' Association of Five Dollars ($5.00) per residential unit per month
and Twenty Cents ($0.20) per square foot of commercial space per year, each increased
whenever, and at the same rate as, the Owners' Association's regular assessment is increased
(the "Transit Assessment"), At any time, at the County's option, all Transit Assessments, along
with any unused Transit Assessment funds accumulated by the Association, shall be directed to a
regional transit authority or other governmental authority operating public transit service with
service to the Property, at which time the Owners' Association's responsibility hereunder to
operate any private transit service shall cease, In such event, and for so long as public transit
service is provided to the Property, the Owner's Association shall semi-annually pay over the
Page 14 of20
I
Proffer Statement (cont'd)
ZMA-2005-017 Biscuit Run
January 3, 2006 (last revised September 4,2007)
aggregate amount of the Transit Assessment assessed to the operator of such public transit
service for use toward capital and/or operating expenses of such transit system, but not for
maintenance expenses except as permitted by Va. Code ~ 15.2-2303A, as amended. The terms
of this Proffer 7E shall be incorporated into the governing documents of the Owners Association,
which documents shall further authorize the County Director of Community Development to file,
perfect and enforce the lien provided in Va. Code ~ 55-516 against the owner of any lot or parcel
within the Property who fails to pay the Transit Assessment. The remedy provided in this
Proffer 7E shall be in addition to, and not in lieu of, the County's rights and remedies at law or in
equity for noncompliance with the terms of these Proffers.
8. Phasine: of Retail Development. Prior to the issuance of a building permit for the five
hundredth (500th) dwelling within the Property, the aggregate gross retail space within the
Property shall not exceed seventy-five thousand (75,000) square feet. Prior to the issuance of a
building permit for the one thousandth (1,OOOth) dwelling within the Property, the aggregate retail
space within the Property shall not exceed one hundred twenty-five thousand (125,000) square
feet. "Retail space" as used in this Proffer 8 shall not be deemed to include any office space or
health, wellness and fitness facilities.
9. Library Contribution. No later than the issuance of the five hundredth (500th) building
permit within the Property, the Owner shall contribute cash in the amount of Five Hundred
Thousand Dollars ($500,000,00) to the County to be used toward construction of a new regional
library branch serving the Property, or toward improvements to one or more existing regional
library facilities serving the Property, If the cash contribution provided in this Proffer 9 has not
been exhausted by the County for the stated purposes within ten (10) years after the date of the
issuance of the first residential building permit within the Property, the County may use the
funds towards funding any improvements listed on the County's adopted capital improvement
program and located within the boundaries of Neighborhoods 4 and 5.
10. Historic Preservation. Prior to commencing land disturbance within any area depicted
in red on Exhibit C hereto (collectively, the "Potential Resource Sites"), the following
investigations shall be made as indicated: (a) for Potential Resource Sites labeled as "Phase I
Survey" on Exhibit C, systematic shovel testing of low relief landforms with archeological
potential that will be impacted by the proposed development, and (b) for Potential Resource Sites
labeled as "Archeological Reconnaissance" on Exhibit C, pedestrian survey and visual inspection
of various crossings and shovel testing when determined necessary by the archeologists
conducting the investigation, Each such investigation shall comply with the standards and
procedures set forth in Exhibit D hereto. In addition, in the event that any human remains are
encountered in the course of conducting any investigation in accordance with this Proffer 10, no
land disturbance shall proceed in the affected area until delivery of evidence to the County that all
applicable regulations regarding the disturbance or removal of such remains have been complied
with, or that avoidance can be achieved, The Owner shall provide evidence to the County's
Director of Planning that the individual supervising the investigations required by this Proffer 10
is a qualified archeologist who meets the qualifications set forth in the Secretary of the Interior's
Professional Qualification Standards, The Owner shall provide all reports generated by
investigations conducted in accordance with this Proffer 10 to the County's Director of Planning,
who shall be responsible for confirming the investigations were made in conformance with
Page 15 of20
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Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3,2006 (last revised September 4,2007)
Exhibits C and D hereto, and shall incorporate any approved treatment plans into the
development plans for the Property and adhere to such treatment plans during all clearing,
grading and construction activities on the Property.
11, Green Buildine:.
A. Residential. Not 1 ess than ten percent (l 0%) of the dwellings constructed on the
Property shall be rated a minimum of "Certified" under the U.S. Green Building Council's LEED
for Homes Pilot Rating System, Version LIla (January 2007) or the LEED-NC Green Building
Rating System for New Construction and Major Renovations, Version 2.2 (October 200S), as
applicable (collectively, the "LEED Compliant Dwellings"). Prior to issuance of building
permits for the 1001st, 1501st, 2001st, 2501st and 3001s' dwellings on the Property, the Owner
shall, in each case, provide copies of LEED certificates to the County Director of Community
Development evidencing that a minimum of ten percent (10%) of dwellings constructed on the
Property to date are certified as LEED Compliant Dwellings.
B. Commercial. Not less than fifty thousand (50,000) square feet of the commercial
square footage located within Block 2 as shown on Sheet 2 of the GDP ("Block 2") shall be rated
a minimum of "Certified" (or demonstrated to the County Director of Community
Development's satisfaction to be eligible to receive such certification) under the LEED-NC
Green Building Rating System for New Construction and Major Renovations, Version 2.2
(October 200S) or the LEED Green Building Rating System for Core & Shell Development,
Version 2.0 (July 2006), as applicable (collectively, the "LEED Compliant Commercial Space").
Prior to issuance of the building permit for any proposed LEED Compliant Commercial Space,
the Owner shall provide to the County Director of Community Development the opinion of a
licensed architect that such space, if constructed in accordance with the building plans, is
designed to achieve the minimum "Certified" rating provided in this Proffer lIB,
12, Fire and Rescue. No later than the date of issuance of the building permit for the five
hundredth (Sooth) dwelling within the Property, the Owner shall contribute to the County cash in
the amount of Eight Hundred Seventy-Five Thousand Dollars ($875,000.00) to be used toward
the purchase of one or more fire engines, ambulances or other needed fire or rescue equipment
,. serving the Property and its surrounding area. If the cash contribution provided in this Proffer 12
has not been exhausted by the County for the stated purposes within ten (l0) years after the date
of the issuance of the three thousandth (3,000th) certificate of occupancy within the Property,
then all unexpended funds may be used towards funding any improvements listed on the
County's adopted capital improvement program and located within the boundaries of
Neighborhoods 4 and S,
13, Annual Adiustment of Cash Proffers. Beginning January 1,2009, the amount of each
cash contribution required herein, including any aggregate maximum contribution, shall be
adjusted annually until paid to reflect the increase, if any, in the Comparative Cost Multiplier,
Regional City Average, Southeast Average, Category C: Masonry Bearing Walls issued by
Marshall Valuation Service (alk/a Marshall & Swift) (the "Index") or the most applicable
Marshall & Swift index determined by the County if publication of the specific index referenced
herein in discontinued. The adjusted cash contribution in any year shall equal the sum of (x) the
Page 16 of20
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Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3, 2006 (last revised September 4, 2007)
cash contribution for the preceding year and (y) the product of the cash contribution for the
preceding year and the difference between the Index for the first quarter of the current year and
the Index for the first quarter of the immediately-preceding year. For each cash contribution that
is paid in increments, the unpaid incremental payments shall be correspondingly adjusted each
year. In no event shall adjustment of any cash amount in accordance with this Proffer 13
decrease such amount below the dollar amount originally proffered herein.
14, Landscape Plan for Entrance Corridor Buffers. Prior to approval of the first final site
plan within Block 2 or Block 3 as depicted on Sheet 2 of the GDP (the "Eastern Blocks"), a
landscape plan meeting the requirements of County Code ~~ 18-32.7,9.4 and 18-30.6.4 and
reflecting the general intent of the Buffers set out on page 40 of the COD (the "Landscape Plan")
shall be submitted for review and approval to the County Architectural Review Board (the
"ARB") for the portions of the Buffers shown on Sheet 5 of the GDP that abut Scottsville Road
(Rt. 20). Prior to approval of the first final site plan within Block 10, Block 15 or Block 16 as
depicted on Sheet 2 of the GDP (the "Western Blocks"), a Landscape Plan shall be submitted for
review and approval to the ARB for the portions of the Buffers shown on Sheet 5 of the GDP
that abut Old Lynchburg Road. Receipt of a certificate of appropriateness from the ARB shall be
a condition of final site plan approval for the first site plan within the Eastern Blocks and the
Western Blocks, respectively. The Owner shall install landscaping in accordance with the
approved Landscaping Plans within one (1) year after issuance of the certificate of
appropriateness for the applicable Landscape Plan. The Owner shall be responsible for
maintaining the landscaping provided in the approved Landscaping Plans until such time as the
Buffers are conveyed to the Owners' Association, whereupon the Owners' Association shall be
responsible for all maintenance of the landscaping.
15. Cash Fund Contribution for Capital Improvements. For each dwelling constructed
on the Property, the Owner shall contribute to the County, as a condition of building permit
issuance, cash in the amount of Four Thousand Nine Hundred Forty-Six and 70/100 Dollars
($4,946.70), up to an aggregate maximum contribution of Thirteen Million Thirty-Four
Thousand Five Hundred Forty-Two Dollars ($13,034,542.00) (the "Cash Fund Contribution"),
which may be used toward funding of any capital improvements as determined by the County,
including, without limitation: (i) widening of ScottsvilIe Road (Rt. 20); (ii) signal improvements
at AvonStreet and Southern Parkway; (iii) signal improvements on Old Lynchburg Road at State
Route 631 and 5th Street; (iv) installation of signals at Scottsville Road (Rt. 20) and 1-64; (v) lane
addition on Old Lynchburg Road at the intersection of Old Lynchburg Road and Country Green
Road; (vi) lane addition on Old Lynchburg Road at the intersection of Old Lynchburg Road and
Mountainwood Road; (vii) lane addition on Scottsville Road (Rt. 20) at the intersection of
Scottsville Road (Rt. 20) and PVCC; (viii) lane addition and bridge expansion on 5th Street at the
intersection of 1-64 and 5th Street; (ix) bicycle lanes on Old Lynchburg Road (2-lane section),
and/or on Scottsville Road (Rt. 20) and Avon Street; (x) spot improvements for Scottsville Road
(Rt. 20) and Old Lynchburg Road; (xi) construction of a Fontaine/Sunset Connector as
contemplated in the "Southern Urban Area B Study Final Report" dated September 10, 2004;
(xii) design and construction of one or more soccer, lacrosse or other playing fields at the
Championship Field, as defined in Proffer 1 G; or (xii) construction of District Park facilities,
Any portion of the cash contribution provided in this Proffer 15 received after an improvement to
which such funds may be directed hereunder is r complete may be used toward repayment of any
Page 17 of20
Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3, 2006 (last revised September 4,2007)
borrowed funds used to pay for such improvement or, if none, then toward funding any
improvements listed on the County's adopted capital improvement program and located within
the boundaries of Neighborhoods 4 and 5. The cash contributions provided in this Proffer 15
shall not be made on units of affordable housing, as such term is defined in Proffer 2.
16. Cash Proffer for Improvements to Old Lvnchbun! Road (City Section). For each
dwelling constructed on the Property, the Owner shall contribute to an escrow agent approved by
the County, as a condition of building permit issuance, cash in the amount of Five Hundred
Eighty-Eight and 24/100 Dollars ($588.24), up to an aggregate maximum contribution of One
Million Five Hundred Fifty Thousand Dollars ($1,550,000.00), to be held by the escrow agent in
escrow for the purpose of funding construction of improvements to Old Lynchburg Road within
the City of Charlottesville. Funds held in escrow in accordance with this Proffer 16 shall be
released from time to time upon instruction by the Albemarle County Board of Supervisors either
(i) to the City or its designee for the purposes provided herein or (ii) to the County or its designee
for such purposes as the Albemarle County Board of Supervisors may set forth in its instruction,
If the cash contribution provided in this Proffer 16 is not expended within ten (10) years after the
date of the issuance of the three thousandth (3,000th) certificate of occupancy within the
Property, then all unexpended funds may be used toward funding any improvements listed on the
County's adopted capital improvement program and located within the boundaries of
Neighborhoods 4 and 5. Any portion of the cash contribution provided in this Proffer 16
received after an improvement to which such funds may be directed hereunder is complete may
be used toward repayment of any borrowed funds used to pay for such improvement or, if none,
then toward funding any improvements listed on the County's adopted capital improvements
program and located within the boundaries of Neighborhoods 4 and 5. The cash contributions
provided in this Proffer 16 shall not be made on units of affordable housing, as such term is
defined in Proffer 2,
17, Cash Proffer for Additional Simde-Familv Detached Dwellines. As a condition ofthe
issuance of each building permit for a single family detached dwelling unit ("SFD Unit")
requested after the issuance of the building permit for the six hundred fiftieth (650th) SFD Unit
on the Property, the Owner shall contribute cash in the amount of Five Thousand Three Hundred
Fifty Dollars ($5,350.00) to the County for use towards funding any improvements listed on the
County's adoptedc&pital improvements program and located within the boundaries of
Neighborhoods 4 and 5. Likewise, upon the issuance of each building permit for a single family
attached, townhouse or multifamily dwelling unit ("SF NTH/MF Unit") requested after the
issuance of the two thousand four hundred fiftieth (2,450th) SF NTH/MF Unit on the Property,
the County shall credit the Owner the amount of Five Thousand Three Hundred Fifty Dollars
($5,350,00) against the cash proffers for such unit otherwise owed in accordance with these
Proffers, Notwithstanding the foregoing, in no event shall cash be paid by the County to Owner
in the event that a credit under this Proffer 17 is due. Credits hereinunder may be carried
forward for future units governed by these Proffers, The cash contributions and credits provided
in this Proffer 17 shall not be made on units of affordable housing, as such term is defined in
Proffer 2,
18, Cash Proffer for Bovs & Girls Club Facility at Southwood. Upon demand of the
County, but no earlier than the date of recordation of the second subdivision plat creating lots or
Page 18 of20
-
Proffer Statement (cont'd)
ZMA-2005-0 17 Biscuit Run
January 3,2006 (last revised September 4,2007)
units for individual residential occupancy within the Property, the Owner shall contribute to the
County or its designee cash in the amount of Fifty Thousand Dollars ($50,000.00) to be used
toward the expansion of the Boys & Girls Club's Southwood Unit facility (and/or the hours,
programming and services of such facility) within the Southwood Mobile Home Park
community. If the cash contribution provided in this Proffer 18 has not been exhausted by the
County for the stated purposes within ten (10) years after the date of the issuance of the three
thousandth (3,000th) certificate of occupancy within the Property, then all unexpended funds may
be used towards funding any improvements listed on the County's adopted capital improvement
program and located within the boundaries of Neighborhoods 4 and 5.
Attachments:
Exhibit A - Diagram showing proffered signals and turn lanes on OLR/64 and Sunset
Exhibit B - Diagram showing proffered signal at A von/Rt. 20
Exhibit C - Dutton Associates historic resource map
Exhibit D - Dutton Associates proposal
[SIGNATURE PAGE FOLLOWS.}
Page 19 of20
Proffer Statement (cont'd)
ZMA-2005-017 Biscuit Run
January 3, 2006 (last revised September 4,2007)
WITNESS the following duly authorized signatures:
Elizabeth Lancaster Breeden
981 Old Lynchburg Road
Charlottesville, Virginia 22903
BISCUIT RUN, LLC,
a Virginia limited liability company
981 Old Lynchburg Road
Charlottesville, Virginia 22903
By:
Elizabeth L. Breeden, Manager
John M. Atkinson, Trustee of the
Forest Lodge Land Trust
9218 Centreville Road
Manassas, Virginia 20110
Sue B. Minor, Trustee ofthe
Forest Lodge Land Trust
1017 Forest Lodge Lane
Charlottesville, Virginia 22901
FOREST LODGE, LLC,
a Virginia limited liability company
By: FOREST LODGE MANAGEMENT, LLC
a Virginia limited liability company,
its sole Manager
By:
Steven W. Blaine, Manager's Agent
LeClair Ryan
123 East Main Street, 8th Floor
Charlottesville, Virginia 22902
Page 20 of 20
Date:
Date:
Date:
Date:
Date:
.
Exhibit A
[Diagram showing proffered signals and turn lanes on OLR/64 and Sunset]
4
"~ r i ,/ I'
I ~Q: I.Mouqtainwood Rd, ,
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l"'1t. Countty
~ ~ Green"
~
. 4
~
+ j
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~
~
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Sunset Ave.
LEGEND
~ Existing Lane Geometry
-- Proffer~d Lane Geometry
. Proffered Traffic Signal
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"j
PROPOSED BISCUIT RUN DEVELOPMENT
ALBEMARLE COUNTY, VIRGINIA
PROFFERED ROADWAY IMPROVEMENTS
I SCALE: Not to Scale I Figure I
.
Exhibit B
[Diagram showing proffered signal at A von/Rt. 20]
*
.J. 0
M
.B
::s
-{ It ~
Avon St.
, I I ' I
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S01,lthern Parkway .
Mill Creek Drive
"
I,
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.~
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. <).
*
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~
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LEGEND
__ Existing Lane Geometry
__ Proffered Lane Geometry
. Proffered Traffic Signal
PROPOSED BISCUIT RUN DEVELOPMENT
ALBEMARLE COUNTY, VIRGINIA
,
PROFFERED ROADWAY IMPROVEMENTS
I SCALE: Not to Scale T Figure 2
Exhibit C
[Dutton Associates historic resource map]
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Exhibit D
[Dutton Associates proposal]
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RESEARCH DESICN FOR ARCIL\EOLOCIc'\L FIEI.DWORK
A'r TilE BISCUIT RUN DEVELOPMENT
The archaeological fieldwork at the proposed Biscuit Run development will consist of a
Phase I cultural resource survey of the low relief landfonns within the fOotprint of
dcveklpment that possess the potential to contain archaeological resourcc.'S. In addition.
WI archaeological reconnaissance will be perfonncd on the various crossings of
preservation and conservation areas within the Biscuit Run projL'Ct area. Details 0 t' these
proct..dures areoutlincd helow.
PI/ASH I SlJRVEY OF ARE.,'S WITH A RCH..'EOLOGIC.-IL POTEiVn'L
The fieldwork within the aforementioned areas with archaeological potential will entail a
combination of pedestrian reconnaissance and systematic shovel testing in an etTort to
conclusively detennine the presence or absence of subsurface archaeological resources.
The ticldwork will involve the placement of shovel tests at 50-tOot (lS-mt.1cr) intervals
within those designated areas. The soil excavated from aU shovel tests wiJI be passed
through I/4-inch mesh screen and all shovel tests will be approximately I-toot (0.30-
meters) in diameter. If archaeological materials are identified within a lihovel b.ost. the
excavation of radial shovel tests (1/2 the distance between positive and negative shovel
tests) will be excavated to dctcnnine site boundaries.
For any archaeological resources identified during the survey, photographs wifJ be taken
ofthe general vicinity and of any ,visible teatures. A tield map wilJ be prepared showing
sito limits. feature locations. permanent landmarks. topographic and vegetational
variation. sourees of disturbanc~ and all surface and subsurtace inv",'St igat ions.
Suflicient intbrmation will be included on each map to permit cusy relocation ofthe site.
Not~ will be taken on surface ilnd vegetational conditions, soil characteristics,
dimensions and construl:tion of features evident. and the 81110unt and distribution of
cultural matt..rials prescnt. All subsurface archaeological c.~cavations will he backfilled
and returned to pre-survey conditions.
All architectural or structural rcl11ains_ c~olJl!l~~~_~~ring the c~~~~~rt~c ~rv~y ~Jl~J?~________________.
--_.--.---docuJncnt~-d wlfflarg.iiDTjihc)tograpny and m~lppL't.I. Photographs will be taken ofprimary
and secondary lacadt."S including unique ur c/mraclcr-dcfining features and general
setting. Notes will be takl."I1 documenting any visible construction techniques and
muteriills. The location of lhe huilding or structure will recorded on the project field
map.
ARell '/;'OLOG1C.L RI:.cON,V.,m;s....vcE OF V.RIOtIS CROSSINGS
An .lTchac:ological reconnaissance will be perfonnt..'d on all crossings of conservation and
preservation areas. Archu,-"Ologisls will visually inspect these corridors felr the potenti.JI
prescnce 0 r nrcha","ologic.ll sites or architectural rcsourcl."S. M&Jny of these crossing arc
local(.'t! along steep and crodcc1 slopes and the likelihood of finding cull ural resources is
:.'~;">:":::;'j:'
"'nj ''',. 'it,
..._.,I..,L....
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Dutton Associates
.' "" -f ;,;, '. ",'.: v..".... ..t,/ ',UI.,(., "i"I'
extremely minimal. However, archaeologists will pcrtbnn a Phase I survey on any arcas
within the crossings that are decmt:d to possess archaeological potential. The proc~-durt.'S
regarding the Phase I Survey arc explained above.
Sr..IlVn.,'RDS
All fieldwork conducted as part of these investigations will contorm to the Secrelllrv of
Ihe 111I(!r;or:Il Standtml.. IUld Guideline.'i for Arc:lll!olo.l{v tlnd IIb./ori,' PTl.!"'t!n'aiio~
(Federal Regish.'r 48:447 16-44742. September 29. 1983) and the Virginia Department of
H L'Itorie Resourccs' (VDH R) Guit!,'line.'i For Gmt/llclillg Clllhlrell Rc:.fOllrt'l! SlIn/t'v In
Virginia: AlMi/itJna/ (rllidan"1! for Ihl! Implementation ,~( tile Federal Slandarcbl H"iilled
Arc:lwe!ology and lIi.v/oric Presetn',,/ion: Secretary '!( lire Inleri()r~'l Slum/unlll tmt!
(illit/dine.v (4ll FR 44742. September 19, 1981) 1999, rev. 1000. All anitacts gencmt~>d in
the course of the survey and associated records will be curuted according to the
requirements specified in Cltralion (~r Feclercll(v Owned and Ad",ini.\'/ered Arc:/Wt'ologic:al
Collec://ems (36 CFR Part 79) and VDHR '5 Slate Cllralion SlandarcL, until such time as
tinol disposition is coordinated with the client. The pcrsoMel directing this survey meet
the professional qualification standards of the Department of the Interior (48 FR 44738-
9).
Archa(:ological fieldwork conducted in the course of this survey is designt.-d to provide
definitive information on the presence nnd type of cultural n:sourct.'s locah.-d within the
aforementioned arc..'3S. Following federal and state guidelines, arChllc.'Ologists will
conduct the survey with the goal of not only identifYing cultural rt.'Sllurccs hut also
making preliminary recommendations regarding their eligibility for nomination to the
National Reghdcr of Historic Places (N RHP).
DEF/,VITIO,vSOF CULTURAl. RF.SOVRCI::~
Cultuml rc.'SOurccs idcntitied within the Biscuit Run projecl arca will he c~ltcguri:l.ed as
either an Arc/lileelllral Resollrce or an ArchllelJltlgicul Site. The dctinitions of these
tenn'i arc locat~-d in I/o", to APP~l' Ilri! Nal/ontl/ RI/gi..,ti!" Crill/ria .IiJr EV"/IIt1tion:
Te'dm;t.:,,1 iJr/i,,'nwlion Oil ('omprt!/WJI.vil'e "I mining. .vIIM'e:v or ':lIl1l1ral n!'''OIll'Ct:.f, ulltl
regislJ'tl/imr ill Ihe Netlional Regi.'l/er (?l f1i,'l/(Jri,' P/t/(.'I/,\' (U.S. Dept. uf the Interior,
National Park Service Interagency Rcsource Division: National Register flulletin 15.
Rcvisc.'d 1991).
Ard,;le,.tllrul Re,\'(llIrCe
All architectural r~"SOurccs identified at Biscuit Run will he characterized as a "huilding"
or "stru~1urc" and arc detined by the NRflP as follows:
"A building. such as a house. ham, church, hOlel, or similar COl1struCtillll, is created
principnlly to shelter any tilrm of human activity. 'Building' may also he IIsed to reter to
a histurically and nmct ionally related unit. such as a courthouse and jajl or a house and
harn,. ,il" h/li/ding /1"... lox/ il.\' h"...ic.: .\'/17/(,'//lral t!leme..III.... il ;,\. /(,\'//tJNJ' COJ1,\';tle,,('tI (I '1'IIin'
"ml i,,, c.:(llegorb:tI (1.'1 'Ill r"rdwl/%git:ctl/ ,..;11/"
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it~~
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f, '... .,~ ... j . .t..: ( '''101'.. .. r. _.".1' " 'J""
"The h.:rm 'structure' is uSt:d to distinguish from buildings those functional constructions
made usually tor the purposes other than creating human shelter.. ,if' a ."trW.:lure ha" In'lt
its IIi.l:wri,' L'tJ/?!igllration throllgh deterioralion or demolition. il i.Y II.'UItI/~v ('mL\'idel'ecl tI
'llIin . und I:" t.'Cllegorized U.\' an larc:hmmlogit.'ulj.'iite"
Archaeological Sit'
"A site is the location of a signitic.mt event, a pn:historic or historic occupation or
3ctivity, ()f a building or strudure, whethc.y standing. ruim.-d, or vanisht.'d, where the
location itself possesses historic, cultural, or archaeological value regardless of the value
of any exist ing struc.1urc." It is of note that "",''''el,Jrie,y ,.;i1!,n{limnl filr ;'flimnution
po/t'f1liul or hi.'l(ork tl....'iOdalion.. and "min,!; l?f u hl/ilding or ,\.tn"'IlIl't!" nre identitied by
the NRHP as "archaeological sites."
Missio,,: ..I, th. N.",o~" prindPAI <on"''''allon .g.....". the o.,p"'tm.ot 0/
U", '"tonor ILlS '",pon"b"ity lor m,,,t 0/ our nalion.,IIy-ownod p"bhc L.n,"
.lnd >L""ra' .lOd cultural roso" rc"" TIli' In<ludos lostoring wi,. USO 01 OUr
I.nd .lOd n.'ler "'sou...".. pmtcchng Our fish "nj IvUdhl.. pn'Se"'ing U..
onv>ron...."t a' ~'nd culm..a' .alu", "I nur n.tion.1I PArks .nd h;.torical pl.",,,,.
.lod prw'd,og lor the enjOyment 01 hie through oUldoor rea.ahon, 11>.
DoPA 'tment ,.Iso promot"', the goals 01 Ih. T.ke Pride in Am.rica cam PAlgn
by en<ouroglOg ,"wardsh,p .nd db'.n respon'ibility lor th. publk
I.'nds ..nd promO/ing ~"i:<.n partki!,"ion I~ thcir ca.... The D<p.rtm.nt .1Iso
h.1S a m.~" ''''P<'osob'hly lor Am.n,.n Ind.an """"'.hon communilies ..nd
(or pt.'up/t' whu /iVt> in /s/.lnd T~rritorieo; under V.S, Administr.ltion,
[)<Jk 01 puMi'iJtio1l: l!~O; fnJisa/ 1991,
em:.:r
IT", '-<II) Cri"rio" B - Fro'''ri,' 00."',. 1/.."" ,~.i..,... D,C, From lS7U.... 'his .., 'n. "".,eo/ ~ m"<;id D"ng""'. 'n.
I""", ,/aor "'.. n,,, '0 ...."'.. I'rom."".. ......,. .w./"m"o.. rJ..". ""'''. o.d d',"m.., (',,"'0 by "","" 5~l/m.,I',I,
IT", R(,hl) Crire"o. 0 - Fro.,t, C '''yo" R,,'" H".,,, "i.'i.i.y. Hio ""i&, C ""y, .~'m Mairo, ."/"'i/"" 'i/"~ ';1, ro.,,,.,,,, ./ ,.
...,m.,y =1I.'d '~'m .._",,,,, '" 0 ,/""" "/ fou. "'"~ b_, Co.".."""" /7"." "/" poo."..o. .........." roid... UI., ..d
C"_.don. 110 ,it, Iou i.form.. ion "'''','io/ """d '0 1/"";0. '''''". ,md -'".,.i'" <011.".. 1P!w,o by '0. $o,_i",o),
18'''0., '-<fl) C,it'rio. C - Bri.lg, i. Ch'",!/n', Tn"''''I" ""'.... Co..". P'''''y/w,''_ R.n. i. 1m. /his 'm" )hmo,,'h '"'' 'Yl" '"
O,id<< I, 'ix"'fiw., fo, '~gi"",i'g .. 0 "/1 pr=",--J rxaOOpl< of 0 'y/,< '1 bndll' f",,,,,"y '~-J m .m'h""lm. P""'yl<..;,, i. 'n. /.."
1 'J1i, "t:nJury, (Photo by Pe"nsylvania Depafl"'~nl t'l Tran5pOTJlll;On),
(H'''om Righl/ Cri"rio. A - M'i' S"''''IM."". S'OO" H'''ori, DI"ri", Ii."".. 11m,;, C".,y. T,~". U.1iI m..11 i./o /n. '.'h
<<..ory /hi, ./i".ia ~'~-J /n. bo.ad, of ,.blir 'Dd ..,i.... lif. i. , k",... C""..".-J .......'" tr. 1970, 'Dd "'0" tn. JI",h,
i'''..I" Ii.. .t,.', oo.."ipolood ,...,y b.ildi,.,. "Dd "no.! "'n. 'ily', ~I.f,,,,.. "'oil. .~I fi'''''''1 ''''/m, f Ph.,o by ''''ii,." I
IV. HOW TO DEFINE
CATEGORIES OF HISTORIC
PROPERTIES
The National Register 01 Historic
Places includes si$"ilicant properties,
classified as buildings, sites, districts,
structures, or objects. It is not uSl'<f
to list intangible values, except in so
far as they are associated with or
reflected by historic properties. The
National Register docs not list cul-
tural events, or skilled or talented in-
dividuals. as is done in some
countries. Rather, the National
Register is oriented to r(.>(.."ognizing
physicaJly concrete properties that
are rel.ltivcJy lixed in location.
For purposes 01 National Register
nominations, small groups of proper-
tics.:Jre listed under a singJecatcgory,
using the primary resource. For ex-
ample, a dty haU and fountain
would be Cdtcgorized by the dty hall
(building), a farmhouse with two out-
buildings would be c.:Jtcgorized by
the f.lrmhouse (building), and a city
park with a gazebo would be
catcgoriu.'Cf by the park (sitc).
Properties with large acreage or a
number of resources Me usually COn.
sidcn.>d districts. Common sense and
reason should dictate the ~k'(.tiun of
categories,
BUILDING
A building, such olS oJ hous~, bolm,
church, hotel, or simil.u construc-
tion, is CTI~olted principally to shelter
Jny form of human ..,tivity. "Ouild-
ing" mOlY o1lso be used to refer to iI
historicallY.ll1d functiono111y related
unit, such as a courthouse and jail
IIr oJ house ..nd bam.
Buildings l:ligible (;lrthe .\I,ltion.ll
~cgistcr must inc!udl' .lll of their
l.JSic: stnJctural dements, P,lets of
Iui/dings, such as interiors, fac.ldes.
r wings, arc not eligible ind('-
cnd~nt of the resl of Ihe ~'{istjng
lIi1ding. The whok' bllildin~ must
-
be considered, and ils signifiCdnl (ea-
tures must be identified.
II a building has lost its basic struc-
lUrid elements, it is usually con-
sidered a "ruin" and is categorized as
a site.
Exa"'ple. 01 building. include:
administration bllilding
carriage house
church
cily or lawn h'lll
courthouse
detached kitchen. barn, or privy
dannitory
fort
garage
hotel
hOllse
library
mill blli/,Jin.~
/lffice blli1din.~
post office
:)/:hool
~ht!d
social/rail
slable
store
Iheater
lrain slaliun
STRUCTURE
The lerm "strueture'" is used to dis-
tinguish from buildings those func-
tional constructions molde usuoJlly
for purposes other th.1n ere.lUng
humoln shelter.
Struclures nomin.ltt'd 10 the Nation,
,11 RC'glsler must include all of the ('x-
l.lnt b.15ic Slrllclu rall'lcments, PMts
uf stmeluresc.1n no/ be consid"rcd
eligible if th", whole slructur(>
remains, For l>x.1mple, d truss bridge
is composcd of Ihe melal or wooden
truss, I he .Ibutmcnts, Jnd supporting
piers. .11/ of which, if (>xtant, mllst be
included when considering the
property for eligibility.
rt a structure has lost its historic
configuration or p..ttern of organiza-
tion through deterior.Uion or demoli-
tion. it is usually considered a "ruin"
and is calegorizt..>d as il site.
Examples 01 stroctures i"du,le:
,~i ra,l It
'Jpiary
automobile
bandstand
boats and ships
bridge
cairn
canal
,'arollsel
corncrib
dam
L"tlrtlrworlc
(enL'C
:~t1:rr:bu
grain dL'7.'alor
lzig/mmy
irrigalion sys/r:m
kiln
I~,;hlholl:;e
raJ1fCJtlJ sraJe
silo
Irollc."!! car
I/Urnd
windmill
',"1
"1
;'
I
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.f
'1
I
',1
,I
!
I
j
~J
Ol JO t ~~nd
'uoHnFoossy ,Sl~UMO ~ql Ol S){lBd ~l{l ~UFA~AUOO
pun ~UFPFAFpqns JO SlSOO ~l{l And nnqs l~UMO ~l[.L 'uoFlnFoossv ,Sl~UMO ~ql Aq p~uFnluFnw
pun Ol p~lnoFP~p ~q nnqs S){lBd 'A~wony AlUno;) ~ql Aq ~lqnld~oon ~q Ol p'mFllm)l~p uuoJ
n uF pun lU~~y uOFsFAFpqns S,AlunO;) ~ql Aq ~lnFldOlddn ~q Ol {Y.)U!UU~l~P lunown un uF s~mu~wn
pun ~uFdnospun[ qons JO uonnnnlsuF ~qllOJ Al~lns l~qlO 10 puoq n JO ~uHsod ~l{l10 s~mu~wn
pun ~U!dBOSpun[ nn JO uOFlnnnlSu! ~l{l Aq P~OU~P!A~ A[~AFsn[Ouoo SB 'P~l~[dwoo AnnHunlsqns ~q
nnqs ){lBd qon~ JO uOH::>nllSUOO ~q~ 'PunI q::>ns JO unld ~HS 10 lnld UO!s!AFpqns [nuy ~ql uo UMOqS
SB '){Jnd n wo.g pBOllO l~~lls ~lp. SSOJOB A[~lB!P~WW! 10 ~umnqn A~dold ~ql U!tp!M p~lnooI pun[
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