HomeMy WebLinkAboutZMA200000009 Staff Report 2006-08-02COUNTY F ALBEMARLE
EXECU IVE SUMMARY
AGENDA TITLE:
ZMA 00-009 North
Pointe Update SP 02-72 Residential
Uses at North Pointe
SU BJECT/
PROPOSAL/REQUEST:
Public Hearing STAFF CONTACTCS):Tucker, Foley,
Davis,
Kamptner, Graham, Echols,
White LEGAL
REVIEW:
Yes AGENDA DATE:
August2,2006
ACTION: X
INFORMATION:CONSENT
AGENDA:ACTION:
INFORMATION:
ATTACHMENTS:Yes REVIEWED BY:BACKGROUND:On May 10, 2006 the Board of Supervisors held a public hearing on North Pointe,
at which staff noted issues that prevented staff from recommending approval. On June 7, 2006, the Board of
Supervisors held a worksession on the North Pointe project where the unresolved issues, except for staffs concer
s with regional transportation impacts and retail absorption, were discussed. The attached table (Exhibit A) shows the i sues that
were discussed, staff's understanding of the Board of Supervisor's direction, and
how the
applicant has respo ded to each issue.STRATEGIC PLAN:3.3 Develop and implement policies that address the cou
ty's growth and urbanization while continuing to enhance the
factors
that contribute to the quality of life in the county.DISCUSSION:Proffers - Exhibit B contains the signed proffers and Ex ibit
C is the application plan. Concerns of the Board of Supervisors that were raised at the June 7 meeting appear to
have be n addressed with two possible exceptions. First, staff believes the Board indicated a desire to see completion of
proffered tr nsportation improvements within five years of the project start while the applicant has tied those to a stage of development.
S cond, staff is uncertain as to whether the affordable housing proffer adequately addresses the Board's expectations with
res ect to how "workforce" or "moderately-priced units" are treated and whether the cash contribution is appropriate to
account
f r the difference between 15% of housing and the affordable units provided.With respect to the completion of the
proffered transport tion improvements, staff notes the applicant has provided all of the requested changes from the June th
worksession exce t for questions on the timing of improvements associated with the Route 29 middle entrance.
Those improvements are lis ed as "Phase II Road Improvements" in Proffer 5.3.1. (b). The applicant is
proffering to complete all of the middle entr nce improvements when more than 290,000 squarefeet (SF) of commercial development occurs while staff understood he Board wanted to see all of these transportation improvements
within five years of the project start. Staff notes that he applicant has committed to
construct the southern entrance improvements with the initial commercial development, which satisfactorily addressed staff's public safety concern with oscillating number of
traffic lanes. The timing question rei tes to the question of retail absorption. If North Pointe does not build out
beyond 290,000 SF before the need for those improve ents
is generated outside of North Pointe, other, as yet unidentified,funding sources will be required for completion of these i
provements.With respect to the affordable housing question, staff not s the applicant proffers to provide 16 "moderately-priceunits" as a substitution for 8 affordable units. Affordable units are defi ed in the County's Affordable
Housing Policy and moderately-priced units were discussed during the June th worksession, ut moderately-
priced units are currently outside of the affordable housing policy. Following the existing policy, the County would seek 15%
affordable housing, which equals 134 residential units, or some combination of units and cash contributio s equivalent
to 134 units, with the North Pointe application. The applicant proposes 94 affordable units and 16 moderately pricedunits, which are given 50% credit, to yield an equivalent of 102 units, plus $300,000 in cash to satisfy the
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v\'--\Draft: 07/24/06 North
Pointe P -MC Residential
Use Special Use Permit Conditions 1. Residential mix. The dwelling units wi hin the
Project shall consist of the following three types: (a) single-family detached, inc1 ding carriage
house units; (b) multi-family; and c) other (consisting of townhouses, duplex
s, attached housing, condominiums in the commercial areas and any other unidentifie housing types).
The minimum number of each of the three dwelling unit types shall
be 205 0 the 893 total permitted dwelling units.2. Phasing of residential units. Beginn
ng from the
date of approval of the first commercial
a minimum of gle family
detached residential units within each a
minimum of two hundred
single family detached residential units. If more than
forty (40) permits e lots required building permits in subsequent years.3. Conservation
areas. The conservati n areas shown on the Application Plan shall remain undisturbed
and shall be protected m development impacts to the satisfaction of the
County's program authority for the ater Protection Ordinance (Chapter 17 of
the Albemarle County Code) (the "Pro am Authority"); except that the pedestrian paths shown on the
Application Plan may e placed in a conservation area where shown on the
Application Plan. Storm drainage 0 tfalls and other pedestrian paths may only be placed
in conservation areas if the Program uthority finds that no other location is
reasonably available and that the disturbance is ecessary for such a proposed use. Notwithstanding the terms
of this Condition 3 to the c ntrary, the Program Authority may approve a utility main within
a conservation area, eve if it is not shown on the Application Plan,
and the Program Authority may approve oth r disturbances and/or measures as
may be appropriate in the Program Authorit 's discretion to further protect a
conservation area.4. Conservation areas with utilities. T e conservation areas with
utilities shown on the Application Plan shall remain undist rbed and
shall be protected from development impacts to the satisfaction of the Pro am Authority; except that:
A. The streets and pedestrian pa hs shown on the Application Plan may
be placed in a conservation area with utili ies where shown on
the Application Plan. Other pedestrian paths, other street, and sanitary sewers, storm
drainage outfalls, and/or stream mitigation measures ay only be placed in a
conservation area with utilities if the Program Autho 'ty finds that no other location
is reasonably available and the disturbance is necessary for such a
proposed use. In any event,the construction, maintenanc and use of
the improvements shall have the minimum environmental imp ct on the conservation area with
AGENDA TITLE:
ZMA 00-009 North
Pointe Update SP 02-72 Residential
Uses
at
North Pointe August2,2006 Page 2 substitute moderately-priced units for affordable units u ing a 2:1 ratio. The
Housing Division plans to bring the concept of moderately-priced units to the Planning Commission in
t e near future to gain their perspective The cash contribution to the housing fund in the amount f $300,000
is proposed to be tendered within 60 days of the approval of the rezoning. Due to the early lump-sum pay-in, the
c ntribution could be valued at $527,990 over an eleven-year period,which represents an anticipated mid-point of a twenty-y ar
build-out and an additional year for the early pay-in. This cash contribution equates to $528,
000
in expected contribut ons calculated at an amount of $16,500 for each of 32 units not produced.At
the Board's June ih worksession, the Housing Dire tor provided a report entitled, "Affordable and Moderately-
Priced Housing" dated May 22, 2006 that provides a strategy or giving "credit" for affordable and moderately priced units. The
strategy does not require that the County's housing policy relative to providing housing for households with 80% of the median income
be strictly adhered to. Staff notes that this polic has not been
reviewed in depth by the Housing Committee or the Planning Commission nor does it have standing as an
a opted policy.With regard to remaining issues discussed at the June ih worksession, staff notes the transportation proffers have been
reorganized and are easier to understand. It is also staff' opinion the issue of assuring completion
of the Leake Road / Proffit Road improvements has been satisfactorily addresse.
Staff also believes the proffers have addressed the Board's expectations with the landscape buffer and maximum si
e building footprint.Finally, with respect to the dispensation of unused cash i Proffer 5.3.2 ($
35,000 for cable or wireless radio system), Proffer 5.3.4 ($100,000 for regional transportation study), and P ffer 8.2 (
h), the Board has requested that unused cash proffers be applied to a specific purpose such as to fund a project ide
tified in the County's Capital Improvement Program, rather than be refunded to the owner. It is the owner's understandingtht, based on the discussion at the June 7, 2006 Board work session regarding the certainty that thesefundswouldbeexpened, the Board is willing to accept the owner's disposition language.While staff
did not share this understanding and believe this is contrary to previously stated expectations, staff does
agree that there is a very high level of certainty the funds will b expended within the stated timeframe .
Special Use Permit Conditions - The recommended ecial use permit conditions are Exhibit D. Except for condition 2,these conditionshavebeenagreeduponwiththeapplicat. With respect to condition 2, the applicant believes this requirement is too aggressive
and indicates they would find a conditi n that required 20 single family detached (SFD) units acceptable.Staff is concerned a requirement for only 20 SFDs may n t adequately address the
Board's interest in assuring North Pointe reduces demand for Rural Area homes. If 20 SFDs i considered acceptable, staff believes
North Pointe will probably accomplish this without a special use permit condition a d the condition may be
eliminated.Waivers - Two waivers have been requested by the appl cant in conjunction with this rezoning. The first waiver
is to Section 21.7 Minimum Yard Requirements. This section of the Zing Ordinance requires a 30-foot setback
from the public street for all buildings, a 50-foot setback between the PD-MC ning district and
adjacent RA zoned properties, and a 20-foot undisturbed buffer zone between the PD-MC district and djacent RA and residentially
zoned properties. The second waiver is to Section 4.2 of the Zoning Ordinance related to critical lopes. The Planning Commission did
not recommend approval of these waivers because it did not recommend approval of he plan and because there were so
many outstanding
issues
at the time of their review. Staff believes that if the Board of S pervisors approves the rezoning, approval should be giventobothwaiversinaccordancewiththeapplicationplanwhichprvidesforalternatesetbacksandalso
which shows areas of critical slopes disturbance RECOMMENDATIONS:To date, it has been staff's opinion this application should
ot be approved because of concerns over stale zoning with respect to retail absorption and this project exacerbating region I transportation
problems prior to identifying solutions. For those reasons, staff continues to recommend this application sh uld be
denied or withdrawn and resubmitted only after the Places
29
master plan has provided answers to those issues. Hoever, if the
AGENDA TITLE:
ZMA 00-009 North
Pointe Update SP 02-72 Residential
Uses
at
North Pointe August2,2006 Page 3 If the Board of Supervisors approves the rezoning, th n staff recommends approval of
the special use permit with the conditions in Exhibit 0, subject to
the Board's considera ion of condition 2.If the Board of Supervisors approves the rezoning, staff Iso recommends
approval of the waivers to Section 21.7 and 4.2 of the Zoning Ordinance in accordance with
the applicatio plan which provides
for
alternate setbacks and also which shows areas
of critical slopes disturbance.
ATTACHMENTS A - June 7, 2006
Board Comments and Current Proffers
B - Proffers dated Julv 20.
ATTACHMENT A
June 7m Staff Issues What Staff Heard I oard What Plan and Proffers Provide
Expected at Jun_ ih
Worksession
Route 29 Improvements - Build Southern entrance Build southern entrance first, build or bondremainingGapissouthboundlaneimprovementsfirst, builc improvements for middle entrance after
reach improvements for undefined remaining improvement within 290,000 SF of commercial
space. (Note: Staff period of time five years (Dennis pointi I1g to believes Board asked for
5 year commitment,Option 2 stuck in my mir d.) applicant believes that was
not a concern provided the southern entrance
improvements were built first. )Leake / Proffit Intersection Assure roundabout will t e Proffer provides mechanism
for County to condemn Improvements - No constructed with initial and be reimbursed by NorthPointeifadditionalrightcommitmenttoactuallybuildimprovementsofwayrequired. With this
provision, it appears the improvements issue has been addressed
the Board's interest.Proffit Road- No Build eastbound and we tbound Proffer provides mechanism
for County to condemn commitment to actually build lane between Leake Roc d and and be reimbursed by NorthPointeifadditionalrightimprovementsRoute29ofwayrequired. With
this provision, it appears the issue has been
addressed the Board's interest.25' Landscape Buffer, onsite Assure buffer is providec Proffer provides aminimumof40footbuffer, but may and outside of parking areas
require removal of parking spaces With this provision,
it appears the issue
has been addressed the Board's interest.Maximum size footprint of Board did not raise conc ~rns with
Allows Building 14 to be expanded to 97,350 with 88,500 SF foronebuilding, expansion of10% beyon 88,500 expansion against North Pointe Blvd Allows Building 6 others
limited to 72,000 SF, other building sizes ot
to expand beyond 72,
000 SF to 79,200 SF. With this addressed provision, it
appears the issue has been addressed the Board's interest.Transportation proffer Southbound 29 simplifici tion Proffers
simplified by commitment to complete complexity -
Hard to enforce discussed above, not ad ~ressed southern entrance first. This appears to satisfy the on
other parts Board's interest.Affordable housing, provide Board heard North Point ~ offer North
Pointe is providing 40 for-sale units and 66 for-15% per
established policy additional 20 rental units interest rent units, while paying $300,000 within 60
days of focused on appropriate c ash rezoning. Ron White believes
this addressed the contribution to compensl te for the Board's interest in assuring the
applicant provided the difference in units provid ~d versus equivalent to 15% affordable housing units.15%.
Phasing Special Use Permit Assurance that housing Staff and North Pointe have agreed upon a Condition - Assure housing
alternatives to Rural Are. are commitment to obtain
building permits for at least 40 is provided in
6 Attachment
B PROFFE
STATEMENT NORTH POINTE C ARLOTTESVILLE,
LLC REZONING APPLICATI N: #ZMA-
2000-
009, SP -2002-72 Jul 20,2006 With respect to
the property described in rezoning application #ZMA-2000-09 and SP-2002-72 (the "ZMA"),
CWH Propert es Limited Partnership is the fee simple owner and North Pointe Charlottesville,
LLC is the co tract purchaser of Tax Map 32, Parcels 20, 20A,20A1, 20A2, 20A3 and
291 (the "North Poi te Property"), Violet Hill Associates, L.L.c. is the fee simple
owner of Tax Map 32, Parcels 23, 23A, 23B, 23C, 23D, 23E, 23F, 230, 23H and
23J the "Violet Hill Property"), Virginia Land rust is the fee simple owner of Tax Map
32, Parcel 22K (the "Virginia Land Trust Property") d the Edward R. Jackson Trust is
the fee simple owner of Tax Map 32, Parcel 22H (the "Ja kson Trust
Property"). The respective parties are collectively referred to herein as the "Ower", which term shall
include any successors in interest. The North Pointe Property, the Vi let
Hill Property, the Virginia Land Trust Property and the Jackson
Trust Property are referred t collectively as the "Property".Pursuant to Section 33.3 of
the Albemarle County Zoning Ordinance, Owner hereby voluntary proffers the conditions list d in this Proffer Statement,
which shall be applied to the North Pointe Property if the ZMA is a proved by Albemarle County. These conditions
are proffered as part of the ZMA and it is agree that: (
1) the ZMA itself gives rise to the need for the conditions,
and (2) such conditions have reasonable relation to the rezoning requested.This Proffer
Statement shall relate to the multi-page application plan entitled North Pointe Community", prepared
by Ke ney & Co., Architects, as revised through June 13,2006 and attached hereto as Exhibit A (
the" pplication Plan"), and the Albemarle County Code in
effect as of the date of
this Proffer St
tement (the "County Code"). The North Pointe Community shall be referred to
as the "Proje t".I. THIS SECTION INTENTIONAL Y DELETED II. ENTRANCE CORRIDOR 2.
1 Creation of a 50-Foot Buf r alon the Entrance Corridor. Within six (6)months
after the acceptance by the Virgin a Department of Transportation ("VDOT") of the Road
Improvements as defined in Section 5 3 that are along the northbound lanes
of U.S. Route 29, Owner shall plant and thereafter ma" tain at all times a
landscaped buffer, including hedgerows, along the Entrance Corridor ntage parcels owned by Owner.
The buffer will consist of a minimum 50-foot wide conti ous visual landscape area that shall be
subject to Albemarle County Architectural Review Bo rd ("ARB") review and approval (the "Buffer"). In
the event VDOT at any time in the future duces any portion of the Buffer
located on VDOT property, the Owner shall compensate for
uch
2.2 Aooearance of StormWater Mana2:ement ("SWM") Facilities.
The SWM facilities visible from the Entrance Corridor identified on the Application
Plan (stormwater management facilities 1,2, and 10) shall be shown on a plan and be
subject to ARB review and approval. SWM 1 shall be designed such that its
shape, placement, and land form (grading)transition between the adjacent conservation area and the adjacent
hard edge of the parking lot and buildings. The plan for SWM 1 shall be submitted
to the ARB with the first ARB submission for Building 14 or 19 identified on
Sheet B to the Application Plan ("Sheet B"), or any such building that is proposed to
be located where Building 14 is located on Sheet B pursuant to the terms
of Section 3.2. SWM 2 shall have a more structured appearance than SWM 10 (
see below) and shall be designed such that its shape, placement, and land form
grading) transition between the adjacent conservation area and the adjacent hard edge of the parking lot and
buildings. The plan for SWM 2 shall be submitted to the ARB with the
first ARB submission for any of Buildings 26 through 31. SWM 10 shall be
designed such that its shape, placement, and land form (grading) are integral with the adjacent conservation area. The
plan for SWM 10 shall be
submitted to
the ARB at the time road plans are submitted to the County and
VDOT for Northwest Passage.III. DENSITIES 3.1 Total Buildout. The total number
of dwelling units within the Project shall not exceed eight hundred ninety-three (893). Subject to
Section 3.2, the building footprints and gross floor areas of commercial, office, and other uses, and
the building
footprints of hotels shall not exceed those set forth in the Land
Use Breakdown Table on Sheet A to the Application Plan Sheet A").3.2 Limited Adjustments to
the Elements of the Aoolication Plan. The gross floor area of the buildings used for commercial,
office, other uses, and hotels shown on Sheet A may be adjusted within a range of up
to ten percent (10%), provided that the maximum gross floor area for each category of
uses shown on Sheet A is not exceeded. The footprints of Buildings
6,14 and 36 as shown on Sheet A can be interchanged. Notwithstanding the
terms of this Section 3.2 to the contrary, Building 14 shall not initially exceed 88,
500 square feet, provided, however,that after two years following the issuance of the certificate of occupancy for Building
14,Building 14 may be adjusted within a range of up to ten percent (
10%), and if Building 14 is located in the location shown on Sheet B,
any such expansion shall be located to the east so that the additional space is
located along North Pointe Boulevard. Notwithstanding the terms
of this Section 3.2 to the contrary, but subject to the provisions of
Section 8.1, the County may authorize Building 21 as shown on Sheet
A to be adjusted by more than ten percent (10%).IV. STORMW ATER MANAGEMENT AND STREAM
BED CONSERVATION 4.1 Flood Plain. The area of the 100-year flood plain within
the Project shall remain undisturbed except for road crossings, public utility facilities and
4.2 Stormwater Mana ement Ian. The stormwaterlbest
management practices BMP") plan for the Project shall be prepar d, and all stormwater management facilities
for the Project shall be designed and constructed, to accommodate all current stormwater
discharge from Tax Map Parcel 032AO-02-00~00400 (Nort woods Mobile
Home Park Development) and from the existing developments on the northeast d northwest corners of Proffit
Road and U.S. Route 29, specifically the following parcels shown n the current
Albemarle County tax maps: tax map 32, parcels 38, 38A, 39, and 39A; tax
map 3 A, parcels 2-1, 2-1A, 2-1A1, 2-1B,
2-1C and 2-1D.The storm water management facilities sh 11 mitigate the
stormwater quality and quantity impacts, for the stormwater generated bot within the Project and for
such existing offsite conditions as described herein, as though th entire preexisting condition of the drainage
area is an undeveloped wooded site and is being veloped to the existing off-site conditions
and the proposed on-site conditions. In addition, bi filters shall comprise a
minimum of thirty-three and one-third percent (33 1/3%) of the total required parking
lot landscaped areas within
the Commercial Area" of
the Project, as such Commercial Area is delineated on Sheet G
of the Application Plan ("Sheet G").4.3 Erosion and Sediment Cont 01.
a) The Owner shall, to the "maximum extent practicable", provide such additional appropriate erosion
and sedim nt control measures that exceed State and Local minimum standards. If
there is a disagree ent regarding whether the standard of "
maximum extent practicable" is satisfied, the Virginia Department of Conservation and Recreation
will be provided an opportunity to review and advis on such question.
b) Post-Construction St rmwater Mana ement: The Owner shall, to the maximum extent practicable,
provide post- onstruction stormwater BMPs that are designed to achieve an
average annual sediment rem val rate of 80% as published by the Center for
Watershed
Protection in Article 64 of Th Practice of Watershed Protection (2000
edition).These will include, but are not limited to bioretention, bioretention filters and wet retention basins.4.
4 Stream Buffer and Restor tion. Upon the commencement of the applicable comment period, the Owner shall notify
th County and provide the County with a copy of any application(s)
to the U.S. Army Corps ofE gineers and/or DEQ for any stream disturbance. In addition,
if necessary, after first looking 0 -site for mitigation opportunities available to satisfy the
permitting process,
the Owner
shall c ntact the County for a list of off-site
opportunities within Albemarle County for such mitigaf on, and shall look for such mitigation opportunities
off-site.v. TRANSPORTATION 5.1 Internal Street Construeti n Standards. Public streets, which in
any event shall include at least Leake Road, North P inte Boulevard, Northside Drive East and Northwest Passage,
shall be (i) constructed in accord ith the illustrative urban design cross sections shown on
Sheet
public use and offered for acceptance into the state highway system. Trees (with a maximum
spacing of fifty (50) feet), landscaping and sidewalks as shown on Sheet D-1 shall
be installed and maintained by the Owner in accordance with County or VDOT standards, unless
VDOT or the County agrees in writing to assume
this responsibility.5.2 Timinf! of Completion for Internal Streets. Before
issuance of certificates of occupancy, Owner shall complete that segment of an internal street as
shown on Sheet D-1 within the Project which serves the building or residence for which
a certificate of occupancy is sought with at least the stone base and all but the final layer of plant-
mix asphalt. The final layer of plant-mix asphalt shall be installed within one (1) year
following the issuance of the first certificate of occupancy for a building or residence
served by the affected street segment.5.3 Road Improvements. Owner
shall design and construct all of the road improvements referenced in Sections 5.
3.1(a), 5.3.1(b) and 5.3.1(c) below, which are also shown
on Sheet D-1 to the Application Plan and on Sheet
E to the Application Plan entitled "External Road Improvement Plan" ("Sheet E") (collectively, the "Road
Improvements"), unless such'Road Improvements are first constructed or bonded by others. The various phases of the
Road Improvements are also shown for illustrative purposes on a color-coded copy of Sheet B that is
attached hereto as Exhibit B. Owner shall dedicate to public use any required right-of-way
that it now or hereafter owns in fee simple. For purposes ofthis Section 5.3, the use ofthe
term "road"as it applies to internal streets shall also have
the
same meaning as the word "street" in the Albemarle County Subdivision Ordinance (Chapter
14
of the Albemarle County Code) where applicable.5.3.1 Desif!n
and Phasinf!. All Road Improvements shall be designed and phased as follows:Design. The
Road Improvements shall be shown on detailed road plans satisfying VDOT design standards which shall
be submitted by the Owner for review and, when satisfactory, approved by VDOT
and the County (except for the Road Improvements to U.S.Route 29, which shall
be subject only to VDOT approval) (hereinafter, the "Approved Road Plans"). The Approved Road
Plans shall show the width and length (except as specified in Sections 5.3.1(
a)(1)(ii) and (v) and Section 5.3.1(b)(1)(i)),
location, type of section, and geometrics of all lane improvements as required by VDOT design standards.
All of the Road Improvements shall be constructed in compliance with the Approved
Road Plans. The Road Improvements to U.S. Route 29 shall be based on the then-current
VDOT design speed and cross-slope requirements. Notwithstanding the provisions of this paragraph to the contrary,
in the event that the internal residential street designs as shown on Sheet D-1
are not accepted by VDOT, the Owner shall submit detailed
road construction plans for such streets to the County for review
and, when satisfactory, approval, subject
a) Phase I Road 1m ro ements. Prior to approval of the first commercial
subdivision plat or site plan within the Projec , Owner shall obtain all associated permits and post
all associated bonds required for the cons ction of the following (collectively, the "Phase I
Road Improvements"):
1) Southernmost ntrance on U.S.
Route 29:i) U.S. R ute 29 Southbound - correction
of the vertical curvature in the roadway just north of
the ent ance.ii) U.S. R ute 29 Southbound -
construction of a continuous 12 foot wide through lane (with shoulders 0 guard rail as required
by VDOT) starting at a point that is 1000 feet north of the southernmost e
trance
and extending south to Airport Road.
iii)lanes with taper at the crossover.U.S. R
ute 29 Southbound - construction of dual left turn iv) U.S.
R ute 29 Southbound - construction of right turn
lane with taper to serve northernmost entrance to R 1515.
v) U.S. R ute 29 Northbound - construction of a continuous 12 foot wide through
lane (with shoulders 0 guard rail as may be required by
VDOT) extending from Proffit (Airport) Road (Route 649) to t e
Northwest Passage entrance.vi) U.S. R ute 29 Northbound - construction of a right hand turn lane
at
the Southernmost entrance, t e geometries of which will be
subj ect to VDOT
approval.vii) U.S. ute 29 Northbound - construction
of left turn lane with taper
into SR 1515.viii) SR 1515 Eastbound - construction and/or restriping
to provide left turn lane with taper.ix) Install tion of a traffic
signal with 8 phase timing, video detection and associated
intersection impro ements at
the intersection with U.S. Route 29.x) Close
existing crossover at U.
2) North Pointe Boulevard. Leake Road and Proffit
Road:i) Leake Road and North Pointe Boulevard, in
accordance with the design cross-sections shown on Sheet D-1, from Proffit Road to either
Northside Drive East or, if Northside Drive East has not yet been constructed to the roundabout at
North Pointe Boulevard, North Pointe Boulevard shall be extended to Northwest Passage. The
Owner shall provide a fifty (50) foot public right-of-way along Leake Road and shall construct
a two-lane public street to be accepted by VDOT and as much of the other improvements
shown on the cross-sections as possible within the available right-of-way as reasonably
determined by
the County Engineer.ii) The roundabout, or such other improvements
as may be approved by VDOT and the County, at the intersection of Leake Road and
Proffit Road shown on Sheet B and an additional westbound right turn lane on Proffit Road from Leake Road
to U.S.Route 29 as shown on Sheet E. In addition, for property acquisition that is
required for the off-site public right-of-way for construction of the improvements
required by this Section 5.3.1(a)(2)(ii), the Owner shall make a cash contribution or
provide a letter of credit in a form approved by the County Attorney for such purpose
in the amount as deemed necessary for the property acquisition by the County Attorney,
provided that such amount shall not exceed one hundred fifty percent (150%) of the
County's fair market value appraisal prepared for acquisition and condemnation purposes. The cash
contribution or letter of credit described in this Section 5.3.1(a)(2)(ii) shall be used to
pay for the total cost ofthe right of way acquisition. The total cost of the right
of way acquisition for the off-site property necessary to construct the improvements required
by this Section 5.3.1(a)(2)(ii) shall include the
normal costs associated with acquiring land, buildings, structures, easements and other authorized
interests by condemnation or by purchase including, but not limited to, land acquisition, engineering, surveying, and
reasonable attorneys fees. The cash contribution or the letter of credit shall be provided by the
Owner within thirty (30) days upon request by the County. If the property is
acquired by purchase, the contribution for the purchase price shall not exceed one hundred
fifty percent (150%) of the County's fair market value appraisal prepared for condemnation
purposes without the consent of the Owner. Ifthe cost ofthe right of way acquisition exceeds
the amount previously contributed,then the Owner shall reimburse the County all such excess costs
within thirty (30) days upon
request by the
County. The County shall refund to the Owner all excess
contributions upon completion of the land acquisition.iii) Intentionally Omitted iv) An additional through lane eastbound on
Proffit Road from U.S. Route 29 to the roundabout at the intersection of Leake Road and Proffit
Road. In addition,for property acquisition that is required for the off-site public
right-of-way for construction of the improvements required by this Section 5.3.1(a)(2)(iv), the
Owner shall make a cash contribution or provide a letter of credit in a
form approved by the County Attorney for such purpose in the amount as deemed necessary for
the property acquisition by the County Attorney, provided that such amount shall not
exceed
credit described in this Section 5.3. 1 (a)(2)(iv shall be used to pay for the total cost
of the right of way acquisition. The total cost of the right 0 way acquisition for
the off-site property necessary to construct the improvements required by t is Section 5.
3. 1 (a)(2)(iv) shall include the normal costs associated with
acquiring land, buil ings, structures, easements and other authorized interests by condemnation or
by purchas including, but not limited to, land acquisition,engineering, surveying, and reasonable atto
eys fees. The cash contribution or the letter of credit shall be provided by the Owner within
thirty (30) days upon request by the County. If the property is acquired by purchase, the
contri ution for the purchase price shall not exceed one hundred fifty percent (150%)
of the Co nty's fair market value appraisal prepared for condemnation purposes without the conse
of the Owner. If the cost of the right of way acquisition
exceeds the amount previously contributed, then the Owner shall reimburse the County all such excess
costs within thirty ( 0) days upon request by the County. The County shall refund to
the Owner all excess contribu ions upon completion of the land
acquisition.Com letion of the Phase load 1m rovements. Within fifteen (15) months after the issuance
of the first building permi for a commercial building within the lands subject to the first commercial subdivision plat
or si e plan within the Project, or prior to the issuance of a certificate of occupancy
for such buildi g, whichever is earlier, all of the Phase I Road Improvements shall be
accepted by VDOT or public use or bonded for VDOT's acceptance if such Road Improvements are
a primary high ay, or accepted by VDOT for public use or bonded to the
County for VDOT's acceptance if suc Road Improvements are a secondary highway.b) Phase II
Road 1m r vements. Prior to approval of the first site plan that would authorize the
aggregate commercial, ffice and hotel gross floor area as shown on Sheet A
within the Project to exceed two hundred inety thousand (290,000) square feet, Owner shall obtain
all associated permits and post all a
sociated bonds required for the construction of the following (collectively, the "
Phase II Road
provements"):1)Middle Entra ce on
U.S. Route 29 orthside Drive East/SR 1570):lanes
with taper.ute 29 Southbound - construction of a continuous
guard rail as may be required by
VDOT) starting at
dIe entrance and extending to the
point where it ted pursuant to Section 5.3.
l(a)(1)(ii).i) U.S.12
foot wide through lane (with shoulders 0 a point that
is 1000 feet north of the Mi connects with the
portion of the
lane const ii) U.S. oute 29 Southbound - construction of
dual left turn iii) U.S. oute 29 Southbound - construction of a right turn lane with taper.
iv) U.
v) U.S. Route 29 Northbound - construction of left turn
lane with
taper.vi) SR 1570 Eastbound - construction of or restriping
of lanes to result in separate left, through and right
turn movements.vii) Entrance road Westbound - installation of a
traffic signal with 8 phase timing, video detection and associated intersection improvements on
U.S. Route 29.viii)Existing crossover
at Cypress Drive - construction
to close the crossover.ix) Frontage road from
Cypress Drive to SR 1570 -construction of a public street to serve properties currently
accessing U.
S. Route 29 through Cypress Drive.2) Northside Drive East
between U.S. Route 29 and
North Pointe Boulevard as shown on Sheet D-1.Comoletion
of the Phase II Road Imorovements. Within fifteen (15) months after the issuance of the first building permit
for a building within the lands subject to the first subdivision plat or site
plan that would authorize the aggregate commercial, office and hotel gross floor area as shown on Sheet
A within the Project to exceed two hundred ninety thousand 290,000) square feet, or prior
to the issuance of a certificate of occupancy for any building that causes
such gross floor area to exceed two hundred ninety thousand (290,000) square feet,whichever is
earlier, all of the Phase II Road Improvements shall be accepted by VDOT for public
use or bonded for VDOT's acceptance if such Road Improvements are a primary highway, or accepted
by VDOT for public use or bonded to
the County for VDOT's acceptance if such Road Improvements are a secondary
highway.c) Phase III Road Imorovements. Prior to the earliest of: (i) the approval of the
first subdivision plat or site plan that would authorize the aggregate number of dwelling units
within the Project to exceed five hundred thirty-three (533); (ii) the approval of a subdivision
plat or site plan for any development of either the Virginia Land Trust Property (Tax
Map 32, Parcel 22K) or the Jackson Trust Property (Tax Map 32, Parcel 22H) or any portion
thereof; or (iii) the five (5) year anniversary of the date of issuance of
the first certificate of occupancy for a building or premises within the Project, Owner
shall obtain all associated permits and post all associated bonds required for the
construction of the following road improvements to the extent
any
such road improvements have not already been completed:1) Northernmost
Entrance (opposite
ii)Northw st Passage from U.S. Route 29 to North
Pointe
Boulevard.iii) U.S. R ute 29 Northbound - construction of a
right hand turn lane, the geometrics of which will be su dect to
VDOT approval.iv) If not a ready constructed, North Pointe
Boulevard between Northside Drive East and
Northwest Passage v) If the t affic signal to be constructed by others is
in place prior to Owner commencing work on this orthernmost Entrance, and such traffic
signal only includes three legs, Owner shall add the fo rth leg to the signal, which shall
include additional mast arms, signal heads and ancillary equip ent necessary to support Northwest Passage'
s use of the intersection, as determined by VD T. If such traffic signal is not in place
and the vehicular traffic generated by the Proj ect ca ses the VDOT signal warrants to be met,
and VDOT requires that a traffic signal be installed as a condition of the entrance permit, Owner
shall install such
traffic signal.2) Notwithstandi g any other proVIsIOn contained
in this Proffer Statement, within one hundred eighty (180 days after written notice from
the County that it intends to build an elementary school on th School Lot (as "School Lot"
is defined in Section 9.1), the Owner shall submit road plans fo the
construction of Northwest Passage from North Pointe Boulevard to U.S. Route 29 to OT and
to the County for review, and when satisfactory, approval. Furthermore, withi
twelve (12) months after issuance of the building permit for construction of the elementary
school, and if not already completed, Owner will complete (i) Northwest Passage from N rth
Pointe Boulevard to U.S. Route 29, (ii) the improvements set forth in
Section 5.3.1(c (1) above, and (iii) North Pointe Boulevard from Northside Drive
East to Northwest Passage To allow the development of the School Lot, the Owner shall
grant all temporary easements s necessary to allow ingress and egress for vehicles
and construction equipment, grading, the i stallation and maintenance of erosion and
sediment control structures or measures, and any other associated construction easements, as such temporary easements are shown
on the s bdivision plat or site plan for the School Lot and mutually
agreed to by the Owner and the de eloper of the School
Lot.Com letion of the Phase II Road 1m rovements. Within twelve (12) months after the
occurrence of the applicable eve t in Section 5.3.1 (c) which required the
Owner to obtain all associated permits and post all sociated bonds required for the construction
of the Phase III Road Improvements, all of the hase III road improvements shall be accepted by
VDOT for public use or bonded for VD T's acceptance if such Road Improvements are a
primary highway, or accepted by VDOT r public
use or bonded to the County for VDOT's acceptance if such Road Improvements
are secondary highway.5.3.2 Upon request by the County, Owner shall make a cash contribution to the County or
VDOT for the cost of a cable or wireless radio system that will link one
or more of the signals between Lewis and Clark Drive and Ai ort Road;
maj eure, if the County does not request the funds, or does request the funds but the construction
of the system does not begin by the later of December 31, 2010 or three (
3) years after completion of all of the Road Improvements, said funds shall be refunded
to the Owner.5.3.3 Prior to the approval of plans for improvements
at any U.S. Route 29 intersection,Owner shall provide VDOT traffic signal
network timing plans that VDOT finds acceptably address the impacts of the
proposedtraffic signals for peak traffic periods.5.3.4
Re2'ional Transportation Study: Cash Contribution. Upon request by the County, Owner shall make
a cash contribution of one hundred thousand dollars ($100,000) to the County for
the purposes of funding a regional transportation study for the Route 29 corridor,which includes the
South Fork and North Fork of the Rivanna River and the Hollymead Growth Area of which
North Pointe is a part. The contribution shall be made within thirty (30) days after requested by
the County anytime after the rezoning is approved. If the request is not made within one (1) year
after the date of approval of the first final site plan for the first commercial building
within the Project, this proffer shall become null and void. If such cash contribution is
not expended for the stated purpose within three (3) years from the date
the funds were contributed to the
County, all unexpended funds shall be refunded to the Owner.VI.
OPEN SPACE AREAS AND GREENWAY 6.1 Pedestrian Pathways. All pedestrian pathways shall be classified as shown
on the Pedestrian Pathway Key on Sheet G and, except for the pathways to be constructed by
the County, shall be shown on the subdivision plat or site plan for the underlying or adjacent lands
within the Project. The pathways shall be constructed by Owner as Class A or Class
B trails as identified on Sheet G, and in accordance with the applicable design
and construction standards in the County's Design Standards Manual. Such construction shall be in conjunction with
the improvements for the subdivision plat or site plan, as the case may be, and
bonded with the streets if the pathways are a subdivision improvement, or with a performance bond
if the pathways are a site plan improvement. The pathway shown on Sheet G along Flat Branch north and
south of Northside Drive East shall not continue through a culvert if a culvert is used
for the stream crossing. The pathway intended for the culvert between Park E
and Park F under North Pointe Boulevard shall conform to the applicable standards in VDOT'
s "
Subdivision Street Guidance" and Owner shall maintain the pathway if it is not accepted
by VDOT for maintenance.6.2 Lake. Upon request by the County, Owner shall dedicate to the County
the lake shown on the Application Plan for public use, provided that such lake
will be available for use by Owner for
stormwater management as described in
Sheet
VIII. PUBLIC INFRASTRUCTURE AN FACILITIES PROFFERS
8.1
Branch Librarv.a) Upon request by the ounty, Owner shall dedicate to the County
the fee simple interest in the land shown on Sheet B as a library, consisting of a 15,
000 square foot fully graded pad site, with utilities, to accommo ate a 12,500
square foot building footprint, a five foot perimeter strip and up to a 25,000
s uare foot building, together with a nonexclusive easement to the adjacent common
area for 'ngress, egress, construction staging and sufficient County Code required parking, stormwater d
tention and water quality facilities for the location of a freestanding Jefferson-Madison Region
1 Library and such other uses that are compatible with the proposed surrounding
uses, as etermined by the County (the "Library Lot").Notwithstanding the terms ofthe prior sente
ce to the contrary, ifthe requirements for the library building require a larger
building footprin, the County may authorize the library building footprint to be larger than as stated in the p
or sentence, provided, however, that the size of the area shown as "Park H" on Sheet B ("Par H")
and/or the size of the adjacent parking area immediately north of the Library Lot on Sh
et B (the "Library Parking Lot") shall be adjusted accordingly to accommodate such larger
bui ding footprint. The Owner shall not be responsible for any utility tap fees, but Owner shall
co plete construction of the Library Parking Lot and other parking areas serving the Library Lo.
The Owner shall permit the County to use the Library Parking Lot and/or, if
not already constructed, Park H, for purposes of construction staging. Within twelve (12) months after '
tten notice from the County that it intends to begin construction of the library, the Owner shall
make the access roads and the area of the Library Parking Lot available with at least a
four inch compacted stone base for use as access and construction staging. Such street
access sing the Library Lot and the Library Parking Lot shall be completed and available
for use 0 later than ten (10) months after issuance of the building permit
for the library, provided, owever, that asphalt pavement in areas used for construction staging by the
County shall no be required to be installed until thirty (30) days (or such longer reasonable time
as may be nece sary due to weather conditions) after the County has removed
its construction-related materials d equipment. Upon the request of the County, Park H shall also be
dedicated to public use, but the Owner shall not be responsible for maintaining such park.
Owner shall be responsible fo maintenance of the Library Parking Lot and other parking spaces serving the
Library Lot and he County shall have no obligation to be a member of any owner's association. The
County's r quest for dedication of the land for the Library Lot and Park H shall be made within
three (3) y ars following the latter to occur of (i) issuance of the
first residential building permit within the roject, (ii) Owner's completion of the infrastructure including but
not limited to streets, wat , sewer, electric, gas) required for the use of the Library
Lot, or (iii) December 31,2010. If request for such dedication is not made within
three 3) years following the later of these dates, t is proffer will
be null and void.b) Green Roof. In the event that the requirements for the
library building require a larger building footprint, and t e County elects to authorize the library building
footprint to be larger than 12,500 square fe t pursuant to section 8.1(a)
above, and in the further event that the building is developed as a ondominium and the County
requests the Owner to assume ownership for a portion of the lar r building, Owner
on a pro rata basis based on the proportional size of the portion of the library building owned by
the Owner relative to the size of the library building as a whole, the cost of designing and
constructing such building. These costs may include, if desired by the County, installation of a
green roof," and any additional expenses associated with structurally reinforcing the roof as
necessary to support the green roof. Within ten (10) days after receipt of a request for
payment by the County that is accompanied by documentation to support the progress payment amount
as provided in the construction contract, the Owner shall submit such payments to the
County.Alternatively, in the event the County elects to design the library building as a Leadership
in Energy and Environmental Design ("LEED") building, the Owner shall contribute to the
County,on a pro rata basis based on the proportional size of the portion of the library building owned
by the Owner relative to the size of the library building as a whole, the additional costs
of constructing the library building to obtain LEED certification for the building. Within
ten (10)days after receipt of a request for payment by the County that is accompanied
by documentation to support the progress payment amount as provided in the construction contract, the
Owner shall submit such payments to the County. The design of the green roof, or the criteria
utilized to obtain the LEED certification, as applicable, shall be in the County'
s discretion.8.2 Affordable Housin2. Subject to the terms and
conditions of this Section 8.2, the Owner shall provide a minimum of forty (
40) "for-sale" residential dwelling units as affordable dwelling units, a minimum of sixty-
six (66) "for-rent" residential dwelling units as affordable dwelling units, and a minimum
of four (4) Carriage House Units (as Carriage House Units are defined in Section 8ol( d)).
The forty (40) "for-sale" residential dwelling units shall be comprised of the
following types of dwelling units: twelve (12) from multi-family; twelve (
12)from "other" (consisting of townhouses, duplexes, attached housing, condominiums in the
commercial areas and other unidentified housing types); and sixteen (16) from single family detached, each at the
sale prices and under the terms and conditions set forth in this Section 8.
2.The Owner shall convey
the responsibility of constructing the affordable units to the subsequent owners oflots
within the Property.a) Multi-Family and "Other" For-Sale Affordable Units. For multi-family
and "other" for-sale affordable dwelling units within the Property, such affordable units shall
be affordable to households with incomes less than eighty percent (80%) of the
area median family income (the "Affordable Unit Qualifying Income"), such that the housing
costs consisting of principal, interest, real estate taxes and homeowners insurance (PITI) do
not exceed thirty percent (30%) of the Affordable Unit Qualifying Income, provided, however, that in no event
shall the selling price of such affordable units be less than
the greater of One Hundred Ninety Thousand Four Hundred Dollars ($190,
400) or sixty-five percent (65%) of the applicable Virginia Housing Development Authority ("
VHDA") maximum
mortgage for first-time home buyers at the beginning of
the 90-day identification and qualification period referenced in Section 8.2(f).
b) Single Family Detached For-Sale Affordable Units ("Moderately-Priced Units"). For single
family detached for-sale affordable units within the Property ("Moderately-Priced Units"), such
Moderately-Priced Units shall be affordable to households with incomes less than one hundred twenty
percent (
not exceed thirty percent (30%) of the Mo erately-Priced Unit Qualifying Income,
provided,however, that in no event shall the selling p 'ce of such Moderately-Priced Units be required
to be less than the greater of Two Hundred T irty Eight Thousand Dollars ($238,
000) or eighty percent (80%) of the applicable VHDA m imum mortgage for first-time
home buyers at the beginning of the 90-day identification and q alification
period referenced in Section 8.2(f).c) For-Rent Affordable Uni s. For a
period of five (5) years following the date the certificate of occupancy is issued by the ounty for
each for-rent affordable unit, or until the units are sold as low or moderate cost units
ualifying as such under either the Virginia Housing Development Authority, Farmers
Home A ministration, or Housing and Urban Development,Section 8, whichever comes first (
the " ffordable Term"), such units shall be rented to households with incomes less
than the ffordable Unit Qualifying Income. No for-rent affordable unit may be counted more
th once towards the number of
for-rent affordable dwelling units required by this Section 8.2.i) Conve ance
of In erest. All deeds conveying any interest in the for-rent affordable units during
the Affordable erm shall contain language reciting that such unit is subject to the terms of
this Section 8.2(c). addition, all contracts pertaining to a conveyance of any for-rent affordable
unit, or any part t ereof, during the Affordable Term, shall contain a complete and
full disclosure of the restrict" ns and controls established by this Section 8.2( c).Prior
to the conveyance of any interest in any for-rent affordable unit during the Affordable Term, the
then-current owner shall notify t e County in writing of the conveyance and provide
the name, address and telephone number of the
potential grantee, and state that the requirements of this Section 8.2(
c)(i) have been satisfied.ii). Annual Re ort n . During the Affordable Term and within ninety
90) days following the end of each calen ar year, the then-current owner shall provide
to the Albemarle County Housing Office a certifi annual report of all for-
rent affordable units for the immediately preceding year in a form d substance reasonably acceptable
to the County Housing Office. Subject to all federal, stat and local housing laws, and upon reasonable
notice during the Affordable Term, the then-curr nt Owner shall make available to the County
at the then-current Owner's premises, if requeste , any reports, copies of
rental or lease agreements, or other data pertaining to rental rates as
the C unty may reasonably require.d) Carria e House Unit. Carriage House Units shall
meet the requirements for a single family dwelling as defined in e Virginia Uniform Statewide Building Code, shall be on
the same parcel as the primary dw lling unit to which
it is accessory, and shall not be subdivided from the primary residence (" arriage House Units"). The
subdivision restriction shall be
included on the plat creating such arcels and be incorporated into each deed conveying
title to such parcels.e) Each subdivision pI t and site plan for
land within the Property which includes affordable units (which, for this ection 8.2(e) shall include Moderately-
Priced Units)shall designate the lots or units, as applic ble, that will, subject
to the terms and conditions of this proffer, incorporate affordable units a described herein. The
total number of affordable dwelling units proffered hereunder shall have been fulfilled, the
Owner shall provide a minimum of three (3) such affordable dwelling units per year. Each
final subdivision plat and final site plan also shall include a running total of the number
and percentage of affordable units previously provided and proposed to be provided by
the subdivision plat or site plan. For purposes of this Section 8.2(e), such units shall
be deemed to have been provided when the subsequent ownerlbuilder provides written notice
to the County Housing Office or its designee that the unites) will be available for sale, as
required by Section 8.2(f) below. In the event that the Owner provides more
than three (3) affordable dwelling units in a single year, the Owner may "carry over" or "bank"
credits for such affordable units, such that the additional affordable units which exceed
the minimum annual requirement may be allocated toward the minimum number of affordable units required
to be provided for any future year. The maximum number of affordable units that may be
carried over or banked shall not exceed twelve (12) per year. Notwithstanding the terms
of this Section 8.2(e) to the contrary,upon the written request of the Owner,
the County may authorize an alternative process and/or schedule for the provision and/or delivery
of such affordable units upon a determination that the request is in general accord with the
purpose and intent of Section 8.2 and/or
otherwise furthers the goals of providing affordable housing in the County.f) All purchasers
of the for-sale affordable units shall be approved by the Albemarle
County Housing Office or its designee. The subsequent ownerlbuilder shall provide the County or its designee
a period of ninety (90) days to identify and prequalify an eligible purchaser for
the affordable unit. The ninety (90)-day period shall commence upon written notice from the then-current ownerlbui1der
that the unites) will be available for sale. lfthe County or its designee does not
provide a qualified purchaser who executes a contract of purchase during this ninety (90)-day
period, the then-current ownerlbuilder shall have the right to sell the unites)without any restriction
on sales price or income of the purchaser(s), provided, however, that any
unites) sold without such restriction shall nevertheless be counted toward the number of affordable
units required to be provided pursuant to this terms of this Section 8.2. The requirements
ofthis Section 8.2 shall apply only to the first sale of each of
the affordable units.g) The County shall have the right, from time to time, on reasonable notice
and subject to all applicable privacy laws, to inspect the
records of Owner or any successors in interest for the purposes
of assuring compliance with this proffer.h) Cash Proffer. Within sixty (60) days
after the Board of Supervisors approval of ZMA 2000-009, the Owner shall cause
to be contributed three hundred thousand dollars ($300,000) cash to the County of Albemarle
for the Albemarle Housing Initiative Fund or such other similar fund as may be established or
authorized by the County. The contribution shall be to fund affordable home ownership
loan programs within the Project and other areas of Albemarle County,
including those provided by non-profit housing agencies such as the Piedmont Housing Alliance, Habitat
for Humanity, and the Albemarle Housing Improvement Program. If such cash contribution is not expended for
the stated purpose
within
IX. EDUCATIONAL AND OTHER PU LIC FACILITIES
9.1 Elementarv School Site. ithin two hundred seventy (
270) days following request by the County, Owner shall dedicat to the County the land shown
on the Application Plan as "Elementary School 12.85 Acres Sc
ematic Layout", consisting of approximately 12.85 acres (or a smaller portion of such land in th County'
s sole discretion) (the "School Lot"). Prior to dedication, the School Lot shall be grad d and
compacted by Owner 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 ite to accommodate an elementary school. The recreational field improvements shown on t e Application
Plan shall be fine graded and have top soil and soil amendments added, and the m '
ns for an underground irrigation system serving the recreational fields shall be installed. Such
i provements shall be reasonably equivalent to those existing at the recreational fields at
Baker Butler Elementary School, exclusive of any above ground improvements. The pedestrian path ays as shown
on the perimeter of the School Lot on the Application Plan shall be reflected on t
e subdivision plat prepared by Owner' creating the School Lot and the pathways shall be instal ed when
the site is graded for the recreation fields.The Owner shall provide all utilities to
the chool Lot. The dedication shall include easements across Owner's land for access to and us
of Storm Water Basins 5 and 10 shown on the Application Plan,
together with all tempora construction easements to allow Stormwater Basin 10 to be redesigned and
enlarged, if necess y, to accommodate the School Lot stormwater. The School Lot shall be used as
an elementar school site, but if the County determines that the School Lot will not be used as an element
school site, it shall be used by the County for park and recreational purposes
serving both th North Pointe community and the region. If the County does not
request by December 31, 2010 that the School Lot be dedicated, the Owner shall be under no
further obligation to dedi ate the School Lot for the purpose described
herein,but shall, by January 30, 2011, contribute ve hundred thousand dollars ($500,000) cash to the County
to be used by the County for project identified in the County's CIP reasonably related to the
needs of the North Pointe community, and in such event the School Lot may be used
for other residential purposes as approved by t e County after request by Owner for an amendment
to the Application Plan. After dedication d before the County uses the School Lot for a
school or for park and recreational purposes, and i requested by the County, Owner shall maintain the School Lot
until requested~by the County to no longer do so, subject to the Owner's
right to exclusive use of the School Lot for park d recreational purposes. Such park and recreational purposes
shall be only those uses shown on an approved final site plan or subdivision plat for
the area that includes the School Lot. Upon bing requested by the County, Owner shall
cease all use and maintenance of the School Lot an remove all improvements established by Owner that
the County requests be removed. The C unty shall not be obligated to pay
Owner for any improvements established by Owner that -he County retains. The deed of dedication for the School Lot
shall provide that if the Coun y accepts title to the School Lot and then does
not construct either a park or a school withi twenty (20) years following the date
the Board of Supervisors approves ZMA 2000-009, then
upon
9.2 Bus Stop Turnoffs. Bus Stop Improvements. and
Bus Service.a) Owner shall construct ten (10) public bus stop turnoffs as
shown on the Application Plan, or otherwise two (2) in the southernmost residential
area, four (4) in the commercial areas and four (4) in the other residential
areas, each in a location mutually acceptable to Owner and the County. The bus stop
turnoffs shall be approved with street construction plans for the Project and
bonded and constructed with the streets.b) Upon the request by the County, Owner
shall contribute the total sum of twenty five thousand dollars ($25,000) cash
towards the design and construction of the above ground bus stop improvements such as
benches and shelters meeting standards established by the County at each bus stop. If the County does not request
the funds, or requests the funds but does not construct the bus stop improvements
by the later of December 31, 2015 or three (3) years after completion of the road network
that includes the bus stop turnoffs, then subj ect to matters of force majeure, the unexpended
funds shall, in the discretion of the County, either be returned to Owner or applied to
a project identified in the County's capital improvements
program within or adjacent to the Project that benefits the Project.
c) Within thirty (30) days after the introduction of public transportation to the Project,
Owner shall contribute twenty-five thousand dollars ($25,000) cash to the County to
be used for operating expenses related to such service, and shall thereafter annually contribute
Twenty-Five Thousand Dollars ($25,000) cash to the County to be used for operating expenses
related to such service for a period of nine (9) additional years, such that the
total funds contributed to the County pursuant to this Section 9.2(c)
shall not exceed Two Hundred Fifty Thousand Dollars ($250,000). If the introduction of
public transportation to the Project does not commence by the later of ten (10) years after the Board
of Supervisors approves ZMA 2000-009,or seven (7) years after the date of
the issuance of the first
certificate of occupancy for the first commercial building within the Proj ect, this
Section 9.2( c) shall become null and void.x. ACCESS TO ADJACENT PROPERTIES 10.1 Dedication
of Ri2ht-of-Wav-Extension to Parce122E. Unless the dedication of public right-of-
way and
the construction of such street are required in conjunction with the approval of a subdivision
plat under Albemarle County Code S 14-409 and related sections, or their successors:Owner shall reserve
the fifty (50) foot wide right-of-way located within the area shown on Sheet B and
identified as a "50' R.O.W. Reserved for Future Dedication" connecting a right-of-
way from the proposed middle entrance road into North Pointe to the southern property line of Tax
Map 32, Parcel 22E ("TMP 32-22E"). Prior to the issuance of a building
permit for Building 32 as shown on the Application Plan, Owner shall record in the
Clerk's Office of the Circuit Court of Albemarle County, a current, irrevocable deed of dedication dedicating to
public use for road purposes, the area labeled "50' R.O.W. Reserved for Future Dedication."
Owner acknowledges that if it is not part of a subdivision plat approved by
shall have been upzoned; and (ii) that prior 0 its use for road purposes, there shall have
been constructed on the land so dedicated a road proved by the County and accepted by VDOT
for public use or bonded for VDOT's acceptanc . At the time of the construction of the access
road serving Building 32, the Owner shall cons ct the intersection curb radii or the
road serving TMP 32-22E and extend construction of sue road for at least a minimum
of one hundred (100)feet from Northside Drive East. The Owner shall also place at the end of
such extended road, a sign, approved by the County, advising an notifying the public that such right-
of-way is the location of a future road extension. Own shall grant
temporary construction easements as determined necessary by the County Engine r to allow for the road to
be extended to TMP 32-22E, which construction easements shall be on Owner's property
and outside of the dedicated right-of-way, and shall be established by t e applicable site
plan. No improvements shall be located within the temporary construction asements until construction
of
such road has been completed.10.2 Access to Tax
Ma 32A ection 2 Parcel 4 current Northwoods Mobile Home Park ProDertv). Unless the dedica ion
of public right-of-way and the construction of such street are required in conjunction
with the approval of a subdivision plat under Albemarle
County Code S 14-409 and related sections, r their successors:Owner shall reserve an
area in the location labeled "50' R.O.W. Reserved for Future Dedication" at the eastern end of
the main c mmercial access road from U.S. Route 29 on Sheet B for access to Tax
Map 32A, Section 2, P rcel 4 ("TMP 32A-2-4"). Prior to the issuance
of a building permit for Building 6 or Building VI through V6, each as shown on the Application
Plan, whichever is earlier, Owner shall re ord in the Clerk;s Office of
the Circuit Court of Albemarle County, a current, irrevocable ed of dedication dedicating to
public use for road purposes, the area labeled "50' R.O.W. Res rved for Future Dedication." Owner acknowledges that
if it is not part of a subdivision plat ap roved by the County, such offer of
dedication must be first reviewed and approved by the Bo d of Supervisors and accepted by
the Board. Such deed of dedication shall include the followi g conditions: (i) that TMP 32A-2-4 shall
have been upzoned; and (ii) that prior to its use for ro d purposes, there shall have
been constructed on the land so dedicated a road approved by the County and accepted
by VDOT for public use or bonded for VDOT's acceptance. At the ime
of the construction of the roundabout serving Building 6 and Buildings VI through V6 e Owner shall construct
the intersection curb radii and extend construction of the road for a d stance of at least thirty
feet beyond the roundabout.The Owner shall also place at the end of ch extended road, a sign,
approved by the County,advising and notifying the public that such . ght-of-way is
the location of a future road extension.After dedication and before the conditions f the dedication
have been satisfied, and if requested by the County, Owner shall maintain the dedicated land until requested by the
County to no longer do so, subject to the Owner's rig t
to exclusive use of the dedicated land for park,recreational, and/or greenspace purposes. Upon being
requested by the County, Owner shall cease all use and maintenance of the dedic
ted land and remove all improvements established by Owner (if any) that the County requests be
removed. Owner shall grant temporary construction easements as determined necessary by the ounty Engineer to allow for
the road to be extended to IMP 32A-2-4, which construction ease ents shall be
on
shall be located within the temporary construction easements until construction of such road has
been completed.
XI. SIGNATORY
12.1 Certificate. The undersigned certify that they are the only owners of
the Property,which is the subject of ZMA-
2000-09 and SP 2002-72.12.2 The Owner. These proffers shall
run with the Property and each reference to Owner within these proffers shall include
within its meaning, and shall be binding upon,Owner's successor(s) in interest and/or the deve10per(s) of
the
Property or any portion
This Proffer Statement may be signed 'n counterparts and/or via facsimile with the same
full force and effect as if all signatures were riginal and on one document.
Si atures of Contract Purchaser and All Ow ers
Date:
v\( ){Jv b
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE
ontract Purchaser:
ORTH POINTE C
y: Great East
The undersigned Notary Public in a d for the jurisdiction aforesaid hereby certifies that
Charles Rotgin, Jr., whose name as Preside t of Great Eastern Management Company, Manager
of North Pointe Charlottesville, LLC, a irginia limited liability company, is signed to the
foregoing Proffer Statement bearing the da e as ofSU l u.-. ~O, 2006, acknowledged the
same before me in my jurisdiction aforesaid on be alf of said limited liability
company.Given under my hand thisC) l ~ da of
Ju \ \ \ , 2006.My commission
expires:
HQ.( ~ \ ~
By:
its:
Date: i?d!t7 ""0/
1 ~"?od 6~
VIRGINIA LAND TRUSTBy:
fU ~ ~-=/e-
l ~its: Trustee
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE The undersigned Notary Public in and for the jurisdiction aforesaid
hereby certifies that Charles William Hurt, whose name as Trustee of Virginia.Land Trust, a Vir~inia
land trust, is signed to the foregoing Proffer Statement bearing the date
as of"3:.l'1 20 , 2006,acknowledged the same before me in my
jurisdiction aforesaid on behalf of said Trust.Given under
my hand this J..I"'" day of 3: ~My
commission expires: -:s- (,.c..
Date: . ~ '4 'tJ ~ ~
p (
7/-
7
l/ '( -I V (,/
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE IOLET HILL ASSOCIATES,
L.
L.
c.dJ~/ ~J
y: (-> L~"~ ~ ,,-
I its: Manager The undersigned Notary Public in d for the jurisdiction aforesaid
hereby certifies that Charles William Hurt whose name as Mager of Violet Hill Associates, L.L.
c., a Virginia limited liability company, is signed to the P offer Statement bearing
the date as 0['3'1..(..(.1 20 ,2006, acknowledged the same before me
i my
jurisdiction aforesaid on behalf of said limited liability company.Given
under my hand
this ~
I '*
da of .... ...1.....
J>-
Date: kl/~; . "-2t:}/' f'-f V ;/ ~
CWH PROPERTIES LIMITED PARTNERSHIP
By: I~j} ;-- ~JI
its: eneral Partner
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE
The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that
Charles William Hurt, whose name as General Partner of CWH Properties Limited Partnership, a
Virginia limited partnership, is signed to the foregoing Proffer Statement bearing the date as of
3l..l.~ 20 , 2006, acknowledged the same before me in my jurisdiction aforesaid on
behalf of
said partnership.Given under my hand this ~ dayof :
s- ulr My commission expires: -
S-~ ~Cbf "'
2-~L~.'\l~
DW ARD R. JACKSON TRUST
y:
Date: 7-c2/~.
c
0 rJ'~~::....COMMONWEALTH
OF VIRGINIA CITY
OF CHARLOTTESVILLE o / '[,he undersigned Notary Public in d for fue jurisdiction aforesaid ereby c~
rtifies that A. &.;/,.(, , who e name as ~ ~
S; of Bank of America, NA, Trustee of the Edwar R. Jackson Trust, is signed to the
egoing Proffer Statement bearing the date as of 7..J... , 2006, acknowledged the same
before me in my jurisdiction aforesaid on
behalf of sai Trus Given under my hand
this ~ IJ-
da
of ~ '
2006.
J
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ATTACHMENT D
07/24/06 North Pointe PD-
MC Residential Use Special
Use Permit Conditions 1.Residential mix. The dwelling units within the Project shall
consist of the following three types: (a) single-family detached, including carriage house
units; (b) multi-family;and (c) other (consisting of townhouses, duplexes,
attached housing, condominiums in the commercial areas and any other unidentified housing
types). The minimum number of each of the three dwelling unit types shall be 205
of
the 893 total permitted dwelling units.2.Phasing of residential units. Beginning from the
date of approval of the first commercial building permit, the owner shall obtain
a minimum of forty (40) building permits for single family detached residential units
within each year thereafter until a minimum of two hundred (200)
building permits have been obtained for single family detached residential units. If the owner
obtains more than forty (40) permits in any year, the excess permits shall
be credited to the required building permits in subsequent years.3.Conservation
areas. The conservation areas shown on the Application Plan shall remain undisturbed and
shall be protected from development impacts to the satisfaction of the County'
s program authority for the Water Protection Ordinance (Chapter 17 of
the Albemarle County Code) (the "Program Authority"); except that the pedestrian paths shown on the Application
Plan may be placed in a conservation area where shown on the Application
Plan. Storm drainage outfalls and other pedestrian paths may only be placed in conservation
areas if the Program Authority finds that no other location is reasonably available
and that the disturbance is necessary for such a proposed use. Notwithstanding the terms of
this Condition 3 to the contrary, the Program Authority may approve a utility main within a conservation
area, even if it is not shown on the Application Plan, and
the Program Authority may approve other disturbances and/or measures as may be
appropriate in the Program Authority's discretion to further protect a conservation
area.4. Conservation areas with utilities. The conservation areas with utilities
shown on the Application Plan shall remain undisturbed and shall
be protected from development impacts to the satisfaction of the Program Authority; except that:A.
The streets and pedestrian paths shown on the Application Plan may be
placed in a conservation area with utilities where shown on the Application
Plan. Other pedestrian paths, other streets, and sanitary sewers, storm drainage outfalls,
and/or stream mitigation measures may only be placed in a conservation
area with utilities if the Program Authority finds that no other location is reasonably
available and the disturbance is necessary for such a proposed use.
In any event,the construction, maintenance and use of the
improvements shall have the minimum environmental impact on the conservation area with utilities
necessary for the improvements to be established and maintained, and the long-
term impacts shall be adequately mitigated. Nothing in this condition shall
be construed to obviate the requirements established for stream buffers under
Chapter
ATTACHMENTD
07/24/06 B. Erosion and sediment control structures and measures shall be
permitted within a conservation area with utilities solely to address impacts
from authorized land disturbing activity within such area, unless otherwise requested by
the Owner and approved by
the Program Authority.C. The Program Authority may approve other disturbances and/or
measures as may be appropriate in the Program Authority's discretion to
further protect a conservation
area with utilities.5. Open space. The Owner shall restrict from development all
open space areas designated as greenway, buffer areas and park areas shown on the
Application Plan. This condition shall not apply to development parcels, conservation areas,
and conservation areas with utilities shown
on the Application Plan.A. Open space areas not dedicated to public use shall be for the
use and enjoyment of the residents of the Project, subject to the restrictions that may
be imposed by any declaration recorded as part of a conveyance of these areas
to a homeowner's association. Open space areas dedicated to public use shall be
for the use and enjoyment of the public, including the
residents of the Project.B. No structural improvements other than utilities, pedestrian
and biking trails, and common area amenities such as playgrounds, picnic
areas, hardscapes, and PAR exercise equipment shall be established and maintained in
the open space areas.6. Aggregate set aside for o{Jen-space related areas. In no event shall
the total area of open-space related areas comprised of the
conservation areas (Condition 3), conservation areas with utilities (Condition
4), open space (Condition 5), greenway (Conditions 5 and 7),and landscaped buffer
areas (Conditions 5 and 8) shown on the Application Plan, be less than a total of
thirty-five percent (35%) of the total land within the Project to be developed
for residential uses, as shown on Sheet G to the
Application Plan entitled Open Space and Green Way Plan," dated March 6, 2006 ("
Sheet G").7. Rivanna greenway/access. The Owner shall reserve for dedication to public
use a greenway along the boundary of the Project and adjacent to the Rivanna
River, between
the flood plain line and a preservation area (hereinafter, the "greenway") as shown on
Sheet G.A. The Owner may grant such utility easements across the greenway as are
required for a forced main utility and for the proposed uses shown
on the Application Plan,each with the prior written consent ofthe County.
Erosion and sediment control structures and measures shall be permitted within
a greenway solely to address impacts from authorized land disturbing activity
within the greenway, except as otherwise requested by the Owner and approved by the
Program Authority.B. The Owner shall dedicate to public use the greenway and
all pathways shown through land depicted on Sheet G as "Gre enway"; provided, however,
ATTACHMENT D
07/24/06 all times the pathways are open to the public. The greenway
and pathways shall be dedicated either upon the request of the County, or in
conjunction with the platting of the residential lots adjacent to the section of the
greenway to be dedicated. If the greenway and pathways are dedicated by platting,
the green way and pathways shall be set apart on the plat for public use with a
notation that the greenway and pathways are dedicated for public use. If
the County accepts dedication of the lake referenced in section VI of the Proffer
Statement for the Project (ZMA 2000-009), upon request by the
County, the Owner shall dedicate to public use the access pathway east of the middle
entrance and leading to Flat Branch
as shown on Sheet G.C.Access easements to the Rivanna River shall be
provided as shown on the Application Plan for the benefit and use by
property owners within the Project.D.The Owner shall be responsible for the costs of
drafting the deeds of dedication,having required surveys conducted and
plats prepared, and recordation costs.8.Landscaped buffer between residential areas and rural
areas. Before the County issues a certificate of occupancy for the first dwelling unit constructed
on any of the lots shown on the Application Plan abutting the areas shown on
the Application Plan as "Open Space Buffer (30')" along Pritchett Lane (Lots A1-
6, H8-20, L15-34 and N2-5), the Owner shall establish and
thereafter maintain a heavily vegetated buffer in the open space buffer common areas. The
buffer, where one does not already exist, shall be planted in accordance with
a landscaping plan approved by the County. The landscaping plan shall include the
following: (i) an informal mix of screening trees, loosely staggered, fifteen 15) feet on-center; (
ii) the same species of screening trees shall be clustered in groups and alternate
groups of screening trees shall be provided to create a naturalistic rural landscape; (
iii) large and medium shade trees shall be interspersed among the screening trees; (iv) clusters of ornamental
trees shall be provided in groups of3's and 5's; and (v)tall
shrubs shall be massed to help integrate the proposed plantings into a naturalistic
rural landscape. The features described in (i) through (v) herein define a "
naturalistic rural landscape." Approved plant species shall be obtained from the Albemarle County Recommended
Plants List and the buffer design shall be subject to the review
and approval of the
Director of the Department of Community Development. The Owner shall maintain the buffer.9.
Extensions. Unless the dedication of public right-of-way and the construction of such
streets or accessways, as applicable are required in conjunction with the approval
of a subdivision plat under Albemarle County Code S 14-409 and related sections,
or their successors, the following streets shall be
constructed and rights-of-way shall be reserved for dedication to public use
as provided herein:A.Extensions to Pritchett Lane. The Owner shall design
and construct as emergency accessways extensions to Pritchett Lane within the fifty (50) foot
wide rights-of-way located between Lots H-9
ATTACHMENT D
07/24/06 I. The emergency accessways shall be designed and
graded to accommodate a minimum Virginia Department of Transportation standard
for a public street as determined by the County Engineer,
and constructed using pervious parking pavers or other materials sufficient to
support fire and other emergency vehicles, but that support grass or other
ground cover, in conjunction with the construction of the streets serving Lots
H-
7 and L-14,respectively.2. The fifty (50) foot wide rights-of-
way shall be dedicated to public use upon request by the County, together
with all necessary right-of-way for the fifty (50) foot wide
rights-of-way to be geometrically connected to
adjoining streets as approved by the County Engineer.3. If requested by the
County within ten (10) years after the first certificate of occupancy is issued for
a dwelling unit within the H or L sections shown on the Application Plan,
and after the property on the east side of Pritchett
Lane opposite the respective emergency accessways has been upzoned, the
Owner shall convert and upgrade the emergency accessways
to the applicable Virginia Department of Transportation public street standards for acceptance
into the state highway system. Subject to weather delays or force
majeure, the construction of the upgrades shall be completed for such
acceptance within
one hundred eighty (180) days after the request by the County.B. Extension to Tax
Map 32, Parcel 23HI. In the event that any of the residential units
within the Project adjacent to Tax Map 32, Parcel 23HI are developed under a
site plan, the Owner shall design and construct extensions to Tax Map 32, Parcel 23HI by
way of two streets within the fifty (50) foot wide rights-of-way located
as shown on the Application Plan and identified by the notation "R.
O.W. Reserved for Future Dedication," adjacent to the church property identified as Tax Map
32,Parcel 23HI that fronts on Pritchett Lane. The
exact location of the rights-of-way shall be fixed by
the applicable final site plan.I. The streets shall be
designed and constructed to applicable Virginia Department of Transportation public street standards.
The streets shall be constructed in conjunction with the applicable final
site plan, or at such other time authorized by
the County Engineer under such terms and conditions the County Engineer
determines to be appropriate, including the requirement that the Owner provide adequate
surety or other
guarantee that the streets will be constructed and maintained until accepted into
the state highway system.2. The streets shall be constructed as close
to the property line between the Project and
ATTACHMENTD
07/24/06 easements. The rights-of-way shall be graded as close
as possible to the
Project property line.3.To allow the completion of street improvements
to and beyond the Project property line, temporary
construction easements on the Owner's property and outside of the rights-of-
way to be dedicated shall be reserved on the applicable final site plan.
The site plan also shall include a note stating that no
improvements shall be established within the reserved area. Within ninety (90)
days after request by the County, the easements shall be
granted. No improvements shall be located within the temporary
construction easements until the construction of the street improvements onto Tax
Map 32, 'Parcel23HI has been completed so that the need for
the temporary
construction easements no longer exists.4.Within ninety (90) days after
request by the County after Tax Map 32,Parcel 23HI has been upzoned,
the Owner shall dedicate to public use the streets and rights-of-way and
offer the
street for acceptance into the state highway system.10.Overlot grading plan. For all
subdivisions with lots less than 15,000 square feet in size and not otherwise requiring
a site plan, a lot grading plan ("Overlot Grading Plan") must be approved by the County Engineer
prior to the issuance of a building permit for a new residence on
any such lot(s). The Overlot Grading Plan must satisfactorily demonstrate
compliance with all Erosion and Sediment Control requirements for drainage conveyed across such lot(s). An "
Agreement in Lieu of a Plan" will be allowed for building permits, provided
the general drainage patterns and grading matches that shown on the Overlot Grading Plan. The
Overlot Grading Plan may be revised at any time by the subdivision
developer or individual lot owners, provided all work can be accomplished within
their property lines or within available easements. All amendments shall
be subject to the review and approval by the County Engineer.A. The Overlot Grading
Plan shall be drawn to scale not greater than one (1) inch
equals fifty (50) feet, with all proposed grading shown at contour intervals
not greater than two (
2) feet interpolated and shall demonstrate to the satisfaction of the
County Engineer that:1.All concentrated runoff is conveyed across lots
using vegetated swales or underground drainage structures in a manner that does not
result in flooding of buildings or erosion as a result
of the grading. For the purposes of this requirement,
flows from roof
downspouts will be considered concentrated flows if not adequately dispersed before reaching
the property line.Overland relief is assured in the event
that drainage structures do not function. Overland relief will be considered satisfied if
ATTACHMENT D
07/24/06 any drainage area which includes the house. With
dams and similar impoundments, this should be measured from the top
of the dam.B. The County Engineer may allow other drainage structures (e.
g., riprap ditches)where it has been determined this change will not
significantly impact usable yards (e.g., cobblestone swale next to a driveway), where slopes are
too steep for vegetated swales (e.g., steeper than 33% grades), or
where the change would better mitigate impacts on adjoining properties (e.
g.,
matches offsite drainage structure).C. Public drainage across lots shall be in storm sewers
except open drainage ways may be allowed if the plat restricts construction of a
building within fifty (50) feet of a proposed open drainageway. If a storm sewer
is used across lots, easement widths must be sufficient to allow excavation with
1: 1 side slopes on the trench,sufficient room on one side
of the trench to stockpile excavated materials,sufficient room on the opposite side of
the trench to allow for movement of materials, and adequate room for
a backhoe boom to swing. Fences, walls,driveways, and other uses are not
allowed within the easements, except where a hold harmless"
clause is included in the easement agreement.D. No surface drainage may flow across
more than three (3) lots or one-half (1/2)acre before being collected in
a storm sewer
or directed to a drainage way outside of the lots.E. Retaining walls higher than four (
4) feet (measured from the top of the face to the ground on
the downhill side) shall be designed by a professional engineer to assure long-
term stability. Retaining walls building using a VDOT standard or a pre-
engineered product that includes certification are not required to
provide a separate professional engineer's certification provided the building contractor provides
an affidavit that the wall was constructed consistent with the standard.Retaining walls
higher than four (4) feet in useable yards or places where the public might walk
must include a railing similar in design to what is required for
elevated decks. In circumstances where it is questionable whether a railing
is required, the County Engineer will make the determination. The builder must provide evidence
of the ability to maintain any retaining
wall which could not be maintained without the use of adjoining property.F. Except
for the main entrance to the dwelling, which shall be governed by Condition
10(0), the Plan shall demonstrate that an area at least five (5) feet in width, or
to the lot line if the distance is less than five (5) feet, from any possible
doorways to dwellings as shown on the Plan or from the edges of any grade level patios
as shown on the Plan that will not be
served by a stairway, has grades no steeper than ten percent (10%) perpendicular
to the exterior wall.O. In lieu ofthe foregoing provisions, the grading plan
ATTACHMENT D
07/24/06 Plan shall be jncluded as part of the site development plan
application for the appurtenant commercial area as shown on
the Application Plan.H.Any requirement of this condition may be waived by the
County Engineer by submitting a waiver request with the preliminary plat. If such a request
is made, it shall include: (i) a justification for the request contained in a
certified engineer's report; (ii) a vicinity map showing a larger street network at a
scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a
conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv)
topography of the property at five (5) foot intervals for the property being subdivided
and on abutting lands to a distance of five hundred (500) feet from
the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known
wetlands; and (vi) the proposed layout of streets and lots, unit types, uses,
and location of parking, as applicable. In reviewing a waiver
request, the County Engineer shall consider whether the alternative proposed by
the Owner satisfies the purpose of the requirement to be waived to at least
an equivalent degree. In approving a waiver, the County Engineer shall
find that requiring compliance with the requirement of this condition would not forward
the purposes of the County's Subdivision and Water Protection Ordinances
or otherwise serve the public interest; and granting the waiver would not be detrimental
to the public health, safety or welfare, to the orderly development
of the Project, and to the land adjacent thereto.1. The Owner may request
that the Plan be amended at any time. All amendments shall be
subject to the review and approval by the County Engineer.11. Sanitary sewers.
All residential uses shall be served by
Charlott sviUe Regional
Chambe of Commerce
RECEIVED T 80S MEETfNG
Date: ~,~ C) Iv
Agenda /tern 'II: J S
Clerk's InitjaIS:_~~
oo. dedicated to representi private enterprise, promoting business
and enhancing the quality of life in our Greater Charlottesville communities. "
cvill chamber.com
PO Box 156 . Fifth & Market
Streets Charlotte ville,
Virginia
22902
omments by Ti
othy Hulbert President and
chief executive Charlottesville Regional Chamber
of Commerce North Pointe Chari ttesville
Rezoning Request
of the Albemarle Coun y Board
of Supervisors Albemarle ounty
Office Building Charlo
tesville, Virginia
Charlot esville Regional
Chamb r of Commerce
dedicated to representi g private enterprise, promoting business
and enhancing the quality of lif in our Greater Charlottesville communities."
cvill chamber. com
PO Box 1564 . Fifth & Mark t Streets' Charlottesville,
Virginia 22902
Good evening.Mr. Chairman, Honorable Members of t e Albemarle County Board of
Supervisors, thank you for allowing me to come and speak to you
this evening.My name is Timothy Hulbert. I live at 2 6
Brandywine Drive in Charlottesville.I work for the Charlottesville Regional
C amber of Commerce.As you know, our Chamber is dedicate torepresentingprivateenterprise, promoting business and enhancing the quality of Ii e in
the greater Charlottesville communities.Founded in 1913, today the Chamber h
s 1,200 member enterprises. Chamber member enterprises employ more than
45,000 en and women in the Charlottesville region,representing an
estimated total payroll f more than $1.3
billion a year.arding the rezoning
request for the North Pointe community development project for
the Albemarle e eastern alignment of US29 north
of the Airport I come
before you again this evening
re community - a
mixed-use neighborhoo County Designated Growth Area along Profitt Road intersection.As
you know, the proposed North Point community responds to an innovative neighborhood
design charted by Alb marle County officials and citizens in an Albemarle
County Designated Growth A
ea as envisioned in the Albemarle County Comprehensive Land Use Plan.As you know and as we
can all agree - nd has been pointed out before: the North Pointe
community is economic growt in the County's designated growth area.In the past we've taken the time
to point out the many positive facets of the North Pointe community proposal. I cannot believe
th t you need me
to run through that extensive list again. So I won't.And as much as I or
others might compl in or have complained about what is a seemingly endless academic debate
of hat exactly is or isn't, surely tonight we can agree - theNorthPointemixed-use c mmunity captures and embraces
2 -And again, without going through the litany of this proposal's extensive
transportation improvements, surely we can also agree that the North Pointe project will
bring millions of dollars worth of needed transportation improvements that
otherwise our under-funded, inadequate regional transportation would not
achieve.The North Pointe community project brings millions of dollars in new private
investment that will: capture $200 million - $450 million in retail activity currently
lost to Albemarle County and our region; generate an additional $3 million in recurring
local tax and school revenues; generate an additional $1 million in
recurring local non-residential and personal property tax revenues; and, add hundreds of jobs to
the region's job base.Again we can agree: the North Pointe project will add to
the
economic vitality of our community.As you know, our Chamber embraces economic growth -
inevitable in any vital and attractive community - to enhance the
human, economic, cultural and natural characteristics
of our Greater Charlottesville communities.And as exhausting and challenging as the County's
six-year regulatory process has been, we can also agree that the North Pointe
community proposal is even better tonight. The citizens of our community who make this
rezoning request of you have been responsive throughout the entire
evolutionary process. These citizens have earned and
deserve all of our respect.The North Pointe community proposal has more
than met the reasonableness test.North Pointe is growth in the growth area that you have
designated. It is a model neighborhood of homes, shops, businesses, a
school, a park, trails, protected environmental buffers and readied sites community facilities. It
will build and also fund affordable workforce housing. It will fund and
help improve transportation. It will broaden the local tax
base. It will create jobs.Hopefully we can also agree tonight that
reasonableness suggests this
project has
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14 Charlottesville, VA 22902-5065
Environmental (434) 977-4090 434) 977-1483
Y Law Center SouthernEnvironment.org Before The Albemarl
County Board of Supervisors
Public Hearing on N rth
Pointe Rezoning Proposal
Comment by Kay Slaughter Southern Env ronmental Law Center Wednesd y, August 2, 2006
We remain opposed to the North Pointe ezoning for reasons stated in our previous
memoranda and public comments. Desp te changes made to North Pointe, it remains a regional
big-box shopping magnet. To te for this rezoning is to ignore the evidence pointing to
massive traffic overload on 9 and to ignore the harm to water quality in the
North Fork. A vote yes also ignores ex ert evidence of overbuilding
retail in Albemarle,while doing little to reduce housing pres ure in nearby
rural areas. 1 Traffic: Currently, most of the 29 North intersections have Level of
Service F during morning or evening rush hours, with Ai ort Road only slightly
better.2 North Pointe would create just under 30,000 new aut
trips per day on this already failing roadway.While the developer claims that existing commuters
would reduce this number, North Pointe is marketed as a regional mall to ttract
shoppers from the wider area. 3 Therefore,even worse traffic snarls are inevitable, oth
at Airport Road and further south. Rural roads, such as Proffit and Earlysville,
w uld become de facto bypasses.
Although transit could help, it has not been integrated int project
planning, notwithstanding proffers for bus stops and the 29 corridor study.Water Quality: Moreover, as
currently esigned, this project will exacerbate existing water quality issues by releasing sedim t and
polluted run-off from roads, roofs, lawns,driveways, and parking lots into the No h Fork,
a state-designated
impaired water. What goes into the water at North Pointe will
mpact downstream areas - rural areas as well
as the urban ring.1 ZHA
Retail Market Analvsis (January 1 ,2006) and Pro;ected Demand for Retail
Space 2002-11. Steven Allshouse (Octob r 22,2001, updated July 3,2003).2
To mitigate this problem, the special use conditions should require the developer to grant
buffer easements to the Thomas Jefferson Soil and Water Conservation District and
ongoing water quality testing should be required to measure the effectiveness of
stormwater mechanisms.
Housing: The proposed special use condition calls for 40 housing permits per
year --200 over five years - insufficient housing for this location, given
the increased residential demand in nearby rural areas. Moreover, because so-
called "moderately priced units" are included, the proffer varies from the housing policy
goal of 15%affordable housing, with which other developers have complied. Even if
you agree with the substance of this proffer, the current policy should not be changed
via rezoning but instead be open to public
comment and discussion.Summary: If you are serious about growth-area mixed use
development that combines housing, retail and office in proportions that meet community needs, you
should deny this rezoning and send this project, the largest commercial redevelopment
in recent years,back to the drawing boards to be redesigned as a transit-oriented project
with a greater emphasis on housing
rather than retail.However, should you decide to approve this proiect, we hope YOU
will condition the special use vermit on staff recommendations plus conditions for
water monitoring and easements in
Boar of Supervisors
North Point Development Proposal
2
ugust 2006 I am Carleton Ray, a resident 0 Albemarle for 26 years, and
I am astonished that the North Pointe proposal has gotten t is far. In fact, North Pointe fails
to meet even the minimum standard of the "neighborho d model", as
has been repeatedly emphasized,
even by this Board.I will restrict my comments to nvironmental concerns. First,
as noted by your Biodiversity Committee, the North Fo k of the Rivanna River
adjacent to North Pointe contains some of the outstanding natu al habitats
in Albemarle County, which development could clearly impair. Se nd, the Rivanna is one
of the few remaining relatively healthy portions of the Ches peake Bay
watershed, which Virginia is committed to protect and restore. Thir , replacing the upper reaches of
Flat Branch with a collecting and settling pond is highly isky business. It seems
highly unlikely that planned technologies both during and after co struction can
prevent erosion, sedimentation, and pollution in such tortuous terrain. Sto events have a
habit of confounding engineering.Did Hollymeade's storms and
floodin teach us nothing?Unfortunately, this area's envi onment is already
somewhat degraded. In such cases, two avenues are possible, resto ation or further degradation.
The wiser course is restoration. Should you approve Nort Pointe - or even if you don't --
would it not be better and less costly to restore Flat B anch and to establish
a conservation easement for the especially sensitive north portion fthe proposed development
in order to enhance recreational and natural values for cit zens and to send the
message that Albemarle cares?Would this
not be more neighborly?Q~0r.:I'vr""~ ~.-L....I.:: ,'.c.' D('I~~"~=...r~ 'Q
7.d'-... I
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Dete: --1L-c'\ . 0 ~
is
NOTICE:
I, Diane B. Mullins, Acting CI rk, Board of Supervisors, do hereby certify
that a copy of the attached letter wa mailed on July 21, 2006, to
each person listed as an adjacent property owne for ZMA-2000-
09
Kenneth C. Boyd
Rivanna
co David L. Slutzky
Rio
Undsay G. Dorrier, Jr.
Scottsville
Dennis S. Rooker
Jack Jouett
Sally H. Thomas
Samuel Miller
David C. Wyant
White Hall
TO THE PROPERTY OWNERS ON THE ATTACHED 1ST
RE: ZMA-2000-009. North Pointe
and SP-2002-7 TAX MAP/ PARCEL: Tax Map 32
Parcels 20, Oa, 20a1, 20a2, 20a3,22h 22k, 23, 23a, 23b, 23c,
23d, 23e, 23 f,
23 ,23h, 23j and 29i Dear Sir or Madam:This letter is to notify you as an adjacent property owne of
the public
hearing on the above-referenced petitions described as follows:ZMA-2000-09. North
Pointe and SP-2002-72. S cial Use Pennit for Residential Uses. PROPOSAL:Rezone approximately
269 acres from RA Rur Area zoning district which allows agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre) uses to D-MC Planned Development Mixed Commercial which allows large-
scale commercial uses; and residential b special use permit (15 units/ acre). A maximum of 893
units is proposed by special use permit at a gross
dens ty of 3.31 units/acre. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USElDENSI : Neighborhood Density Residential- residential (
3-6 units/acre)and supporting uses such as religious institutio s and
schools and other small-scale non-residential uses. Urban Density Residential- residential (6.01-
34 units/ cre) and supporting uses such as religious institutions, schools,commercial, office and
service uses. Regiona Service - regional-scale retail, wholesale, business and/or employment centers,
and residential (6.01-34 u its/acre). Office Service - office uses, regional scale research,
limited production and marketing activities, sup orting commercial, lodging and conference facilities, and residential (6.01-34
units/acre). ENTRANCE C RRIDOR: Yes. LOCATION: North of Proffit Road, east of Route 29 North, west of
Pritchett Lane
and south of th Rivanna River. TAX MAP/ PARCEL: Tax Map 32 Parcels 20,20a, 20a1, 20a2,
20a3, 22h 22k, 23, 23a, 23b, 3c, 23d, 23e, 23 f, 23g, 23h, 23j and 29i.
MAGISTERIAL DISTRICT: Rivanna These petitions have been scheduled for
review and public comment by the Board of Supervisors on WEDNESDAY,AUGUST 2, 2006. The Board of Supervisors meeti will be
held at 6:00 p.m.,
Meeting
Room #241,
Second Floor,County Office Building, 401
Mcintire Road, Char10ttesvi Ie, Virginia.You
may review the file
in the
Planning Department,
at the address above. If
you should have any
LIST OF ADJACENT PROPERTY OWNERS
84 Lumber
Company Ajgaonkar, Ashiok Or
Gita Allen, David L Or Pamela
S Apex
LLC Barkley, William G, George H Kip Barkley & Eli aOOth Barkley
Dowling Carroll, Minnie
Whortey Clemmer, Billy Lynwood & Nancy
Ruth Coble, J
Newell Crawford, Lawrence H Jr Or Nina
S Crawford, Nathaniel J Estate; Wade L Crawford
Executor Dolinger, Donald E Or Margaret
F Dragmen, Andrew
L Floyd, Eddie L &
Doris 0 Freeman,
Madeline S
GMW Partnership Guild, Theodore F Or
Jacqueline M Hall, Lany
B Jr Hall, Lany B Or
Barbara A Hall, Lany Sr
Or Barbara
Hardtimes LLC Hatzigeorgio, Vassilios
Or Stella Herndon, Wilford N Jr Or
Carolyn D Hietanen, David J Or
Susan M Hill,
Angelina L Jiranek, Robert H Or
Nancy F Kirby, Gerald L Jr & Gerald L Kirby
Iii Trustees Korean Community Church; Yong I Kim, S H B~ hk, S H Son
Etal Trustee Lee, Janet H & Thomas H
Lee Trustees Leisure
Landscapes Inc Lighthouse Baptist Church; Paul
Proffitt Trustee Mizell,
Chartes T Next
Generation LLC Nickolls, William C Or
Brenda A
Northwoods Corporation Pace, John P Or
Virginia C Pany, Cynthia C Trs Of The Cynthia C pany
D,IT Rivanna Partners L P C/O Republic
Capital Co Snyder,
Angela L Snyder, John H Or
Joan S Southern States Chartottesvil/e Cooperative Ine Attn
Tax Department Toms, John A Or
Paige B Townsend, John W Or
Anne E Trevillian, William B Jr & Julia T Boggs & Birdsc ng Airport Acres
Land Trust;James N
Deinlein Tr Turner,
Robert F
Tyburski. Robert University Of
Virginia Foundation Ward, John Richard Or
Gloria J Wood,
Thomas E Wortey, Michael W Or
Lillian M
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Draft:
07/24/06 North Pointe P -
MC Residential Use Special
Use Permit Conditions 1. Residential mix. The dwelling units within the Project shall
consist of the following three types: (a) single-family detach d, including carriage houseunits; (b) multi-family;and (c) other (consisting oftownho es, duplexes,
attached housing, condominiums in the commercial areas and any other nidentified housing
types). The minimum number of each ofthe three dwelling unit t es shall be 205of
the 893 total permitted dwelling units.2. Phasing of residential units. Beginn ng from the
date of approval of the first commercial building permit, the owner shall obt in
a minimum of forty (40) building permits for single family detached residential its
within each year thereafter until a minimum of two hundred (200)
building permits ave been obtained for single family detached residential units. If the owner obtai
s more than forty (40) permits in any year, the excess permits shall
be credited to t required building permits in subsequent years.3. Conservation areas.
The conservati n areas shown on the Application Plan shall remain undisturbed and shall
be protected fr m development impacts to the satisfaction of the County'
s program authority for the ater Protection Ordinance (Chapter 17 of theAlbemarleCountyCode) (the "Prog m Authority"); except that the pedestrian paths shown on the Application
Plan may e placed in a conservation area where shown on the ApplicationPlan. Storm drainage 0 tfalls and other pedestrian paths may only be placed inconservationareasiftheProgramuthorityfindsthatnootherlocationisreasonablyavailableandthatthedisturbanceisecessaryforsuchaproposeduse. Notwithstanding the terms ofthisCondition3tothecntrary, the Program Authority may approve a utility main within a
conservation area, eve if it is not shown on the Application Plan, and
the Program Authority may approve oth r disturbances and/or measures as may
be appropriate in the Program Authorit s discretion to further protect a
conservation area.4. Conservation areas with utilities. Th conservation areas with utilitiesshownontheApplicationPlanshallremainundistrbedandshall
be protected from development impacts to the satisfaction of the Pro ram Authority; except that:A.
The streets and pedestrian pat s shown on the Application Plan may be
placed in a conservation area with utilit es where shown on the
Application Plan. Other pedestrian paths, other streets and sanitary sewers, storm drainage outfalls,
and/or stream mitigation measures m y only be placed in a conservationareawithutilitiesiftheProgramAutho 'ty finds that no other location is
reasonably available and the disturbance s necessary for such a proposed
use. In any event,the construction, maintenance and use of theimprovementsshallhavetheminimumenvironmentalimpctontheconservationareawithutilitiesnecessaryfortheimprovementstobeesablishedandmaintained, and the
long-term impacts shall be adequately mitigated. Nothing in this condition shall
be construed to obviate the requirements esta lished for stream buffers
Draft:
07/24/06 B. Erosion and sediment contro structures and measures shall be
permitted within a conservation area with utiliti s solely to address impacts
from authorized land disturbing activity within su h area, unless otherwise requested by
the Owner and approved by the
Program A thority.C. The Program Authority may approve other disturbances and/ormeasuresasmaybeappropriateinthePrograAuthority's discretion to
further protect a conservation area
with utiliti s.5. Open space. The Owner shall restri t from development all
open space areas designated as greenway, buffer areas and park eas shown on the
Application Plan. This condition shall not apply to development parc Is, conservation areas,
and conservation areas with utilities shown on
the Application PI n.A. Open space areas not dedicat d to public use shall be for the
use and enjoyment of the residents ofthe Project, s bject to the restrictions that maybeimposedbyanydeclarationrecordedaspartfaconveyanceoftheseareas
to a homeowner's association. Open space are dedicated to public use shall be
for the use and enjoyment of the public, incl ding
the residents ofthe Project.B. No structural improvements ther than utilities, pedestrian
and biking trails, and common area amenities such s playgrounds, picnic
areas, hardscapes, and PAR exercise equipment shall be e tablished and maintained in
the open space areas.6. A e ate set aside for 0 en-s ace r lated areas. In no event
shall the total area of open-space related areas comprised of
the onservation areas (Condition 3), conservation areas with utilities (Condition
4), open spa e (Condition 5), greenway (Conditions 5 and 7),and landscaped buffer
areas (Conditi ns 5 and 8) shown on the Application Plan, be less than a total
of thirty-five percent (35 0) of the total land within the Project to be
developed for residential uses, as sho n on Sheet G
to the Application Plan entitled Open Space and Green Way Plan," ated March 6,
2006 ("Sheet G").7. Rivanna greenway/access. The Own r shall reserve for dedication
to public use a greenway along the boundary of the roject and adjacent to
the Rivanna
River, between the flood plain line and a preservatio area (hereinafter, the "greenway") as shownonSheetG.A. The Owner may grant such ut lity easements across the greenway as
are required for a forced main utility and fi r the proposed uses shown
on the Application Plan,each with the prior written co sent of
the County. Erosion and sediment control structures and measures shall e
permitted within a greenway solely to address impacts from authorized landisturbingactivitywithinthegreenway, except as otherwise requested by the 0 er and approved
by the Program Authority.B. The Owner shall dedicate to p blic
use the greenway and all pathways shown through land depicted on Shee G as "Greenway";
Draft:
07/24/06 all times the pathways are 0 en to the public. The
greenway and pathways shall be dedicated either upon the equest ofthe County, or
in conjunction with the platting ofthe residential lot adjacent to the section of
the greenway to be dedicated. If the greenway d pathways are dedicatedbyplatting, the greenway and pathways shall be set ap rt on the plat for public use with
a notation that the greenway and pathways are edicated for public use. If the County accepts dedication of the lake refere ced in section VI of the
Proffer Statement for the Project (ZMA 2000-009), up n request by
the County, the Owner shall dedicate to public use the access path ay east of the
middle entrance and leading to Flat
Branch as shown on Sheet G C. Access easements to the Riv nna River shall
be provided as shown on the Application Plan for the ben fit and use
by property owners within the Project.D. The Owner shall be responsi Ie for the costs
of drafting the deeds of dedication,having required surveys con ucted
and plats prepared, and recordation costs.8. Landsca ed buffer between residenti 1 areas
and rural areas. Before the County issues a certificate of occupancy for the first
welling unit constructed on any ofthe lots shown on the Application Plan abutting the easshownontheApplicationPlanas "Open Space Buffer (30')" along Pritchett Lane (L
ts Al-6, H8-20, L15-34 and N2-5), the Owner shall establish
and thereafter maintain a h avily vegetated buffer in the open space buffer common
areas. The buffer, where 0 e does not already exist, shall be plantedinaccordancewithalandscapingplanprovedbytheCounty. The landscaping plan
shall include the following: (i) an informal mix of screening trees, loosely staggered, fifteen 15) feeton-center; (ii) the same spe ies of screening trees shall be clustered in groups
and alternate groups of screening tre s shall be provided to create a naturalisticrurallandscape; (iii) large and medium sh de trees shall be interspersed among the screening trees; (iv) clusters of ornamental tree shall be provided in groups of 3's and 5's;
and (v)tall shrubs shall be massed to help int grate the proposed plantings
into a naturalistic rural landscape. The features describ d in (i) through (v) herein define a "naturalistic rural landscape. " Approved plant sp cies shall be obtained from the
Albemarle COlmty Recommended Plants List and the bu fer design shall be subject
to the review and
approval of the Director of the Depa ment of Community Development. The Owner shall
maintain the buffer.9. Extensions. Unless the dedication of ublic right-of-way and theconstructionofsuchstreetsoraccessways, as applicable, a e required in conjunction
with the approval of a subdivision plat under Albemarle Co nty Code S14-409 and related sections, or their successors, the following streets or ac essways, as
applicable, shall be constructed and rights-of-way shall be reserved for de
ication to public use as provided herein:A. Extensions to Pritchett Lane. he
Owner shall design and construct as emergency accessways extensions to Pritc ett Lane within the
fifty (50) foot wide rights-of-way located between
Draft:
07/24/06 1. The emergency acce sways shall be designed
and graded to accommodate a minimum Virginia epartment of Transportation
standard for a public street as determined y the County
Engineer, and constructed using pervious parking pav rs or other materials sufficient
to support fire and other emergency veh cles, but that support grass or
other ground cover, in conjunction with the onstruction of the streets serving
Lots
H-7 and L-14,respectively.2. The fifty (50) foot wi e rights-
of-way shall be dedicated to public use upon request by the ounty,
together with all necessary right-of-way for the fifty (50) foot
wi rights-of-way to be geometrically connected to
adjoining streets as a proved by the County Engineer.3. If requested by the
C unty within ten (10) years after the first certificate of occupancy is issued fl
r a dwelling unit within the H or L sections shown on the Application PI
n, and after the property on the east side of Pritchett
Lane opposite the res ective emergency accessways has been upzoned,
the Owner shall convert d upgrade the emergency accessways
to the applicable Virginia D partment of Transportation public street standards for
acceptance into th state highway system. Subject to weather delays or
force majeure, the co truction ofthe upgrades shall be completed forsuchacceptance
withi one hundred eighty (180) days after the request by the County.B. Extension to Tax
Ma 32 P e123HI. In the event that any of the residential units within
the Project adjac nt to Tax Map 32, Parcel 23HI are developed under a siteplan, the Owner shall d sign and construct extensions to Tax Map 32, Parcel 23HI by wayoftwostreetsw' hin the fifty (50) foot wide rights-of-way locatedasshownontheApplicationPIandidentifiedbythenotation "R.O. W. Reserved for Future Dedication," adjac t to the church property identified as Tax Map 32,Parcel 23HI that fronts on Prit hett Lane. The
exact location of the rights-of-way shall be fixed bytheapplicablfinalsiteplan.1. The streets shall be de
igned and constructed to applicable Virginia Department of Transp rtation public street standards.
The streets shall be constructed in conjunc ion with the
applicable final site plan, or at such other timeauthorizedtheCountyEngineerundersuchtermsandconditionstheCountyngineerdeterminestobeappropriate, including the requirement that th Owner provide
adequate surety or
other guarantee that the streets will be onstructed and maintained until accepted into
the state highway system.2. The streets shall be con tructed asclosetothepropertylinebetweentheProject
Draft:
07/24/06 easements. The righ s-of-way shall be graded as close
as possible to the
Project property 1 ne.3. To allow the complet on of street
improvements to and beyond the Project property line,
temporary construction easements on the Owner's property an outside of the rights-
of-way to be dedicated shall be reserved on t e applicable final site
plan. The site plan also shall include a note sting that
no improvements shall be established within the reserved a a. Within ninety (
90) days after request by the County, the easement shall
be granted. No improvements shall be located within the te
porary construction easements until the construction of the street improve ents onto
Tax Map 32, Parcel 23HI has been completed so that the
eed for
the temporary construction easements no longer exists.4. Within ninety (90) dasafterrequestbytheCountyafterTaxMap32,Parcel 23HI has
been pzoned, the Owner shall dedicate to public use the streets and rights-of-
ay and
offer the street for acceptance into the state highway system.10. Overlot grading plan. Forallsubdiviionswithlotslessthan15,000 square feet in size and nototherwiserequiringasitepI , a lot grading plan ("Overlot Grading Plan") must be approved by theCountyEngineerriortotheissuanceofabuildingpermitforanewresidence
on any such lot(s). The Ov rlot Grading Plan must satisfactorilydemonstratecompliancewithallErosionandSedientControlrequirementsfordrainageconveyedacrosssuchlot(s). An "Agreement i Lieu of a Plan" will be allowed for buildingpermits, provided the general drainag patterns and grading matches that shown on the Overlot GradingPlan. The Overlot rading Plan may be revised at any time bythesubdivisiondeveloperorindividual1towners, provided all work can beaccomplishedwithintheirpropertylinesorwithinaailableeasements.
All amendments shall be subject to the review and approval by the County Engineer.A.
The Overlot Grading Plan sha 1 be drawn to scale not greater
than one (1) inch equals fifty (50) feet, with all roposed grading shownatcontourintervalsnot
greater than two (2) feet inte lated and shall demonstrate to
the satisfaction of the County Engineer that:1. All concentrated runof
is conveyed across lots using vegetated swales or underground drainage tructures in
a manner that does not result in flooding of buildings 0
erosion as a result of the grading. Forthepurposesof
this requir ent, flows from roof downspouts will be considered concentrate flows ifnot
adequately dispersed before reaching the property line.2. Overland relief
is assur d in the event that drainage structures do not function. Overland reli
Draft:
07/24/06 any drainage area w . ch includes the house. With
dams and similar impoundments, this s ould be measured from the top
of the dam.B. The County Engineer may al ow other drainage structures (e.
g., riprap ditches)where it has been determine this change will not
significantly impact usable yards (e.g., cobblestone swal next to a driveway), where slopes are
too steep for vegetated swales (e.g., steep r than 33% grades), or
where the change would better mitigate impacts on ad oining properties (e.g.,
matches offsite drainage structure) .C. Public drainage across lots s all be in storm sewers
except open drainage ways may be allowed ifthe plat re tricts construction of abuildingwithinfifty (50) feet of a proposed open drainage ay. If a storm sewerisusedacrosslots, easement widths must be sufficient to low excavation with
1: 1 side slopes on the trench,sufficient room on one
side 0 the trench to stockpile excavated materials,sufficient room on the opposi e side
of the trench to allow for movement of materials, and adequate room
for a backhoe boom to swing. Fences, walls,driveways, and other uses arenotallowedwithintheeasements, except where a hold harmless"
clause is incl ded in the easement agreement.D. No surface drainage may flo
across more than three (3) lots or one-half (1/2)acre, whichever is greater, beorebeingcollectedinastorm
sewer or directed to a drainage way outside of the 1 ts.E. Retaining walls higher thanfIur (4) feet (measured from the top of the face to the
ground on the downhill side) hall be designed by a professional engineer to assure
long-term stability. Re aining walls building using a VDOT standard or a
pre-engineered product that in ludes certification are not
required to provide a separate professional engineer s certification provided the building
contractor provides an affidavit that the all was constructed consistent with the standard.Retaining
walls higher than fo r (4) feet in useable yards or places where the publicmightwalkmustincluarailingsimilarindesigntowhatisrequired
for elevated decks. In circumstan es where it is questionable whetherarailingisrequired, the County Engineer will make the determination. The builder mustprovideevidenceoftheabilitytomaintain
any retaining wall which could not be maintained without the use of djoining property.F. The Plan shalldemonstratethanareaatleastfive (5) feet in width, or to
the lot line ifthe distance is less than lve (5) feet, from any possible doorways todwellingsasshownonthePIaorfromtheedgesofanygradelevelpatiosasshownonthePlanthatwillnobeserved
by a stairway, has grades no steeper than ten percent (10%) perpen icular to theexteriorwall.G. In lieu of the foregoing provisi ns, the grading plan for
Draft:
07/24/06 Plan shall be included as p of the site development plan
application for the appurtenant commercial are as shown on
the Application Plan.H. Any requirement of this con ition may be waived by the
County Engineer by submitting a waiver request ith the preliminary plat. If such a request
is made, it shall include: (i) ajustificati n for the request contained in a
certified engineer's report; (ii) a vicinity map sh wing a larger street network at a
scale no smaller than one (1) inch equals six undred (600) feet; (iii) a
conceptual plan at a scale no smaller than one (1) inchquaIstwohundred (200) feet showing surveyed boundaries of the property;
Cv) topography ofthe property at five (5) foot intervals for the property bei g subdivided
and on abutting lands to a distance of five hundred (500) feet from
he boundary line or a lesser distance determined to be sufficient by the
agent; (v the locations of streams, stream buffers, steep slopes, floodplains, known w
tlands; and (vi) the proposed layout of streets and lots, unit types, uses, and
loc tion of parking, as applicable. In reviewing a waiver request,
the County E gineer shall consider whether the alternative proposed by the
Owner satis es the purpose of the requirement to be waived to at least anequilentdegree. In approving a waiver, the County Engineer shall find
that requi 'ng compliance with the requirement of this condition would not
forward he purposes ofthe County's Subdivision and Water Protection Ordinances or
oth rwise serve the public interest; and granting the waiver would not be detrime tal
to the public health, safety or welfare, to the orderly development
ofthe P oject, and to the land adjacent thereto.1. The Owner may request
that e Plan be amended at any time. All amendments shall be
subject to the review nd approval by the County Engineer.11. Sanitary sewers. All residential uses hall be served by
PROFFER STATE ~ENT
NORTH POINTE CHARLOTIrESVILLE, LLC
REZONING APPLICATION: #ZMl -2000-
009,
SP -2002-72 July 20, 2006 With respect to the
property described in rezoning application #ZMA-2000-09 and SP-2002-72 (the "ZMA"),
CWH Properties Limite Partnership is the fee simple owner and North Pointe Charlottesville, LLC
is the contract pun haser of Tax Map 32, Parcels 20, 20A,20Al, 20A2, 20A3 and
291 (the "North Pointe Propertw"), Violet Hill Associates, L.L.c. is the fee simple owner of
Tax Map 32, Parcels 23, 23A, 23B 23C, 23D, 23E, 23F, 23G, 23H and 23J the "
Violet Hill Property"), Virginia Land Trust is the fee simple owner of Tax Map 32, Parcel
22K (the "Virginia Land Trust Property") and the Edlvard R. Jackson Trust is the
fee simple owner of Tax Map 32, Parcel 22H (the "Jackson Trw Property"). The
respective parties are collectively referred to herein as the "Owner", whicfl term shall include
any successors in interest. The North Pointe Property, the Violet Hill Prpperty, the
Virginia Land Trust Property and the Jackson Trust Property are referred
to collective y as the "Property".Pursuant to Section 33.3 of the Alben arle
County Zoning Ordinance, Owner hereby voluntary proffers the conditions listed in this I roffer Statement, which
shall be applied to the North Pointe Property if the ZMA is approved by !Albemarle County. These conditions are proffered
as part of the ZMA and it is agreed that: (1) he ZMA
itself gives rise to the need for the conditions, and (2) such
conditions have a reasonabl relation to the rezoning requested.This Proffer Statement
shall relate to he multi-page application plan entitled North Pointe Community", prepared by
Keeney & Co, Architects, as revised through June 13,2006 and attached hereto as Exhibit A (the "Applicatior
Plan"), and the Albemarle County Code in effect
as of the date of this
Proffer Statement (n
e "County Code"). The North Pointe Community shall be referred to as
the "Project".I. THIS SECTION INTENTIONALLY DELET)W II. ENTRANCE CORRIDOR 2.1 Creation of
a 50-Foot Buffer alone: tl e Entrance Corridor. Within six (6)months after the acceptance by
the Virginia Departm nt of Transportation ("V DOT") of the Road Improvements as
defined in Section 5.3 that are a ong the northbound lanes of U.
S. Route 29, Owner shall plant and thereafter maintain at al times a landscaped buffer,
including hedgerows, along the Entrance Corridor frontage parc Is owned by Owner.
The buffer will consist of a minimum 50-foot wide continuous visual landscape area that shall be subject
to Albemarle County Architectural Review Board ("ARB" review and approval (the "Buffer"). In the event VDOT
at any time in the future reduces any portion of the Buffer located on VDOT
property, the Owner shall compensate for such reducti ~
2.2 A earance of Storm Water Mana ment "SWM" Facilities.
The SWM facilities visible from the Entrance Corridor identifi d on the Application
Plan (stormwater management facilities I, 2, and 10) sha1l be shown on plan and be subject to
ARB review and approval. SWM I sha1l be designed such that its sh pe, placement, and land
form (grading)transition between the adjacent conservation area and he adjacent hard edge of the
parking lot and buildings. The plan for SWMI sha1l be sub itted to the ARB with the first
ARB submission for Building 14 or 19 identified on Sheet to the Application Plan ("
Sheet B"), or any such building that is proposed to be located w ere Building 14 is
located on Sheet B pursuant to the termsof Section 3.2. SWM 2 sha1l
ave a more structured appearancethan SWM 10 (see below) and sha1l be designed such t t
its shape, placement, and land form grading) transition between the adjacent conservation area and
the adjacent hard edge of the parking lot andbuildings. The plan for SWM 2 sha1l be submitted
to the ARB with the first ARB submission forany of Buildings 26 through 31.
SWM 10 sha1l be designed such that its shape, placement, and land form (grading)
are integral ith theadjacent conservation area. The plan for SWM 10 sha1l be submitted to the ARB at t
e time road plans are submitted
to the
County and VDOT for Northwest Passage.III. DENSITIES3.1 Total Ruildout. The totalnumber of
d e1ling units within the Project sha1l not exceed eight hundred ninety-three (893).
Subject to Sec ion 3.2, the building footprints and gross floor areas of commercial, office, and other
uses, and t e building footprints of hotels sha1l not exceed those set forth in the Land Use
Breakdown T
Ie on Sheet A to the Application Plan Sheet A").3.2 Limited Ad"
ustments to the Elements f the A Iication Plan. The gross floor area of the buildings used
for commercial, office, other uses, and hotels shown on Sheet A may be adjusted within a
range of up to ten percent (10%), provided that the maximum gross floor area for each category
of uses shown on Sheet A is not xceeded. The footprints of Buildings 6,14
and 36 as shown onSheet A canbe interchanged. otwithstanding the terms of
this Section 3.2 tothe contrary, Building 14 sha1l not initia1ly excee 88,500 square
feet, provided, however,that after two years fo1lowing the issuance of the ce ificate of occupancy for Building
14,Building 14 may be adjusted within a range of up to tn percent (IO%), and if Building 14 is
located in the location shown on Sheet B, any such exp nsion sha1l be located
to the east so that the additional space is located along North Pointe Boul vard.
Notwithstanding the terms of this Section 3.2 to the contrary, but subject to the provi
ions of Section 8.1,
the County may authorize Building 21 as shown on Sheet A to be adjuste by
more than ten percent (I 0%).IV. STORMWATER MANAGEMENT AND ST 4.1 Flood
Plain. The area of the 100-year fl od plain within the Project shall remain undisturbed
except for road crossings, public utility faci ities andtheir crossings, and pedestrian and biking trails,
and only to the extent such exceptions re permitted by County ordinances and regulations.
4.2Stormwater Mana!!:ement Plan. The stormwaterlbest
management practices BMP") plan for the Project shall be prepared, and all ~tormwater management facilities
for the Project shall be designed and constructed, to accommoc ~te all current stormwater
discharge from Tax Map Parcel 032AO-02-00-00400 (Northwoods Mo~ile
Home Park Development) and from the existing developments on the northeast and northwe t comers of Proffit
Road and U.S. Route 29, specifically the following parcels shown on the curr nt
Albemarle County tax maps: tax map 32, parcels 38, 38A, 39, and 39A; tax
map 32A, parcels 2-1, 2-lA, 2-lAl, 2-lB,
2-lC and 2-lD.The stormwater management facilities shall mitigat the stormwater quality and
quantity impacts, for the stormwater generated both within tl e Project and for such existing offsite
conditions as described herein, as though the entire pre ~xisting condition of the drainage area is
an undeveloped wooded site and is being developed t( the existing off-site conditions and
the proposed on-site conditions. In addition, biofilters shal comprise a minimum of thirty-
three and one-third percent (33 1/3%) of the total required p rking lot landscaped
areas within the Commercial
Area" of the Project,
as such Commercilil Area is delineated on Sheet G of the
Application Plan ("Sheet G").4.3 Erosion and Sediment Control.a) The
Owner shall, to the "maxilnum extent practicable", provide such additional appropriate erosion and sediment
control ~easures that exceed State and Local minimum standards. If there is a
disagreement regard 'ng whether the standard of "maximum extent practicable" is
satisfied, the Virginia Departmen of Conservation and Recreation will be provided an
opportunity to review and advise on such ql estion.b) Post-Construction
Stormwater ]'v anal'ement: The Owner shall, to the maximum extent practicable, provide
post-construction stormwater BMPs that are designed to achieve an average
annual sediment removal rate 0 80% as published by the Center for Watershed Protection
in
Article 64 of The Practice cf Watershed Protection (2000 edition).
These will include, but are not limited to, bioretentio , bioretention filters and wet retention basins.4.4
Stream Buffer and Restoration. Upo ~ the commencement of the applicable comment period, the Owner shall notify the County
ane provide the County with a copy of any application(s) to the U.S. Army Corps of Engineers and or DEQ for any stream disturbance. In addition, if necessary, after
first looking on-site for mit gation opportunities available to satisfy the permitting
process, the
Owner shall
contact the 0 unty for a list of off-site opportunities
within Albemarle County for such mitigation, and shal look for such mitigation opportunities off-site.
v. TRANSPORTATION 5.1 Internal Street Construction Standar( s. Public streets, which in any event shall
include at least Leake Road, North Pointe Bouleva d, Northside Drive East and Northwest Passage, shall be (i)
constructed in accord with the illustl ative urban design cross sections shown on Sheet D-
public use and offered for acceptance into the state hi~hway system. Trees (with a maximum
spacing of fifty (50) feet), landscaping and sidewalks s shown on Sheet D-I shall be
installed and maintained by the Owner in accordance with COUl ty or VDOT standards, unless VDOT
or the County agrees in writing to assume this responsibili
y.5.2 Timim. of Comoletion for Internal St eets. Before issuance
of certificates of occupancy, Owner shall complete that segment of an internal street as shown on
Sheet D-I within the Project which serves the building or residen e for which a certificate
of occupancy is sought with at least the stone base and all but the finallliyer of plant-mix asphalt.
The final layer of plant-mix asphalt shall be installed within one (1) year following the
issuance of the first certificate of occupancy for a building or residence serv d by
the affected street segment.5.3 Road Imorovements. Owner shall design
and construct all of the road improvementsreferenced in Sections 5.3.1(a), 5.
3.1(b) j.nd 5.3.I(c) below, which are also shown on Sheet D-I
to the Application Plan and on Sheet E tD the Application
Plan entitled "External Road Improvement Plan" ("Sheet E") (collectively, tre "Road Improvements"), unless such Road
Improvements are first constructed or bonded by others. The various phases of the Road Improvements are also
shown for illustrative purposes pn a color-coded copy of Sheet B that is attached hereto as Exhibit B.
Owner shall dedicate to p blic use any required right-of-way that it now or hereafter owns
in fee simple. For purposes oftt is Section 5.3, the use of the term "road"as it
applies to internal streets shall also have the smre meaning as
the
word "street" in theAlbemarle County Subdivision Ordinance (Chapter 14 of the Albemarle County
Code)
where applicable.5.3.1 Desi!!:n and Phasin!!:. All Road Improv~
ments shall be designed and phased as follows:Design. The Road Improvements shall bt
shown on detailed road plans satisfying VDOT design standards which shall be submitted Iby the
Owner for review and, when satisfactory, approved by VDOT and the County (excfPt
for the Road Improvements to U.S.Route 29, which shall be subject only to
VDOT apprpval) (hereinafter, the "Approved Road Plans"). The Approved Road Plans shall show the "idth
and length (except as specified in Sections 5.3.I(a)(1)(ii) and (v) and
Section 5.3.1(b (1)(i)), location, type of section, and geometrics
of all lane improvements as required by V ~OT design standards. All of the Road Improvements
shall be constructed in compliance witt the Approved Road Plans. The Road Improvements to
U.S. Route 29 shall be based on th then-current VDOT design speed and cross-slope requirements.
Notwithstanding the provisi ns of this paragraph to the contrary, in the event that the internal
residential street designs as srown on Sheet D-l are not accepted by VDOT, the
Owner shall submit detailed road constructior plans for such streets to
the County for review and, when satisfactory, approval, subject also to
the County's approval of
a) Phase I Road Improvements. Prior to approval of the first commercial
subdivision plat or site plan within the Project, Owner s~all obtain all associated permits and post
all associated bonds required for the construction of he following (collectively, the "Phase I
Road Improvements"):
I) Southernmost Entrance 0 U.S.
Route 29:i) U.S. Route 29 Sputhbound - correction
of the vertical curvature in the roadway just north
of the entrance.ii) U.S. Route 29 So~thbound -
construction of a continuous 12 foot wide through lane (with shoulders or guard rail as required by
VDOT) starting at a point that is 1000 feet north of the southernmost entrance
and
extending south to Airport Road.iii)
lanes with taper at the crossover.U.S. Route 29
So thbound - construction of dual left turn iv) U.S. Route
29 SOl thbound - construction of right turn lane
with taper to serve northernmost entrance to SR 1515.
v) U.S. Route 29 Northbound - construction of a continuous 12 foot wide through lane (with
shoulders or guard rail fls may be required by VDOT) extending
from Proffit (Airport) Road (Route 649) to the Northwe t
Passage entrance.vi) U.S. Route 29 Northbound - construction of a right hand turn lane at
the
Southernmost entrance, the geometn'
lcs of which will besubject to VDOT approval.with taper
into SR 1515.vii) U.S. Route 29
Noj1:hbound - construction of left turn
lane viii) SR 1515 Eastboupd - construction and/or restriping to provide
left turn lane with taper.ix) Installation of a tT~ffic signal
with 8 phase timing, video detection and associated intersection
improvements at th~ intersection
with U.S. Route 29.x) Close existing rossover at U.S. Route
29 andSouthernmostEntrancetoSR
2) North Pointe Boulevard I eake Road and Proffit
Road:i) Leake Road and !North Pointe Boulevard, in
accordance with the design cross-sections shown on Sheet D-l, frOP1 Proffit Road to either Northside
Drive East or, if Northside Drive East has not yet been cons ructed to the roundabout at North
Pointe Boulevard, North Pointe Boulevard shall be extended 0 Northwest Passage. The
Owner shall provide a fifty (50) foot public right-of-way along Le ke Road and shall construct
a two-lane public street to be accepted by VDOT and as much c f the other improvements
shown on the cross-sections as possible within the available right-c if-way as reasonably
determined by
the County Engineer.ii) The roundabout, r such other improvements
as may be approved by VDOT and the County, at the intersectior of Leake Road and
Proffit Road shown on Sheet B and an additional westbound right turn lane pn Proffit Road from Leake Road
to U.S.Route 29 as shown on Sheet E. In addition, for proper y acquisition that is
required for the off-site public right-of-way for construction of the ir~provements
required by this Section 5.3.l(a)(2)(ii), the Owner shall make a cash contributi n or provide
a letter of credit in a form approved by the County Attorney for such purpose in
he amount as deemed necessary for the property acquisition by the County Attorney, providec
that such amount shall not exceed one hundred fifty percent (150%) ofthe County'
s fair mark( value appraisal prepared for acquisition and condemnation purposes. The cash contribution
or letter of credit described in this Section 5.3.1 (a)(2)(ii) shall be used to pay
for the total cost ofth~ right of way acquisition. The total cost of the right of
way acquisition for the off-site property necessary to construct the improvements required by this
Section 5.3.l(a)(2)(ii) shall include th normal costs associated
with acquiring land, buildings, structures, easements and other auth( rized interests by
condemnation or by purchase including, but not limited to, land acquisition engineering, surveying, and reasonable attorneys
fees. The cash contribution or the letter of credit shall be provided by the Owner within
thirty (30) days upon request by the County. If he property is acquired by
purchase, the contribution for the purchase price shall not exceed ope hundred fifty percent (
150%) of the County's fair market value appraisal prepared for condepmation purposes without the consent of
the Owner. If the cost of the right of way acquisition ex eeds the amount previously
contributed,then the Owner shall reimburse the County all such e cess costs within thirty (30)
days upon request by the
County. The County shall
refund to t e Owner all excess contributions upon completion of
the land acquisition.iii) Intentionally Omit1 d iv) An additional thro gh lane eastbound on Proffit Road
from U.S. Route 29 to the roundabout at the intersection of Lake Road and Proffit Road. In addition,
for property acquisition that is required for the off-site p blic right-of-way
for construction of the improvements required by this Section 5.3.1 (a)(2)(iv), t e Owner shall
make a cash contribution or provide a letter of credit in a form approved
by the lrounty Attorney for such purpose in the amount as deemed necessary for the property
acquisition by the County Attorney, provided that such amount shall not exceed one
credit described in this Section 5.3.1 (a)(2)(iv) shall be ufSed to pay for the total cost
of the right of way acquisition. The total cost of the right of way acql isition for the
off-site property necessary to construct the improvements required by this Sectio 5.3.
1(a)(2)(iv) shall include thenormal costs associated with acquiring
land, buildings, strul:;tures, easements and other authorized interests by condemnation or by
purchase includinl, but not limited to, land acquisition,engineering, surveying, and reasonable attorneys
fees The cash contribution or the letter of credit shall be provided by the Owner within thirty (
30 days upon request by the County. If the property is acquired by purchase, the
contribution for the purchase price shall not exceed one hundred fifty percent (150%)
of the County's fai market value appraisal prepared for condemnation purposes without the consent of
the ( wner. If the cost of the right of way acquisition exceeds
the amount previously contributtjd, then the Owner shall reimburse the County all such excess costs within
thirty (30) days u on request by the County. The County shall refund to
the Owner all excess contributions upon ompletion of the land acquisition.
Comoletion of the Phase I Road Imo ovements. Within fifteen (15) months after the issuance of
the first building permit for a comlnercial building within the lands subject to the first commercial subdivision plat or
site plan wid in the Project, or prior to the issuance of a certificate of occupancy
for such building, whichewer is earlier, all of the Phase I Road Improvements shall be accepted by
VDOT for public I se or bonded for VDOT's acceptance if such Road Improvements are
a primary highway, or accfPted by VDOT for public use or bonded to the County for
VDOT's acceptance if such Road Imp ovements are a secondary highway.b) Phase
II Road Imorovements. rior to approval of the first site plan that would authorize the aggregate commercial,
office and h tel gross floor area as shown on Sheet A within the
Project to exceed two hundred ninety thou and (290,000) square feet, Owner shall obtain all
associated permits and post all associated be nds
required for the construction of the following (collectively, the "
Phase II Road Improvemen s"):1570):I) Middle Entrance on
U.5. Route 29 rNorthside Drive EastlSR i) U.S. Route 29 So thbound - construction of a
continuous 12 foot wide through lane (with shoulders or guard rail s may be required by VDOT) starting
at a point that is 1000 feet north of the Middle entran e and extending
to the point
where it connects with the portion of the lane constructed pursuaI
t to Section
5.3.1 (a)(I)(ii).lanes with taper.ii) U.
S. Route 29 SOl thbound - construction of dual left turn lane
with taper.iii) U.S. Route 29 So thbound - construction of a right turn iv)
with taper.
v) U.S. Route 29 N rthbound - construction of left turn
lane vi) SR 1570 Eastbou d - construction of or restriping
of lanes to result in separate left, through and right turn
moveme ts.vii) Entrance road W tbound - installation of a
traffic signal with 8 phase timing, video detection and associated inte section improvements on
U.S.
Route 29.the crossover.viii) Existing crossove at Cypress Drive - construction
to close+m-m{
Formatted: Bullets and Numbering ix) Frontage road om
Cypress Drive to SR 1570 -construction of a public street to serve properties cu ently
accessing U.
S. Route 29 through Cypress Drive.2) Northside Drive East be
ween U.S. Route 29 and North
Pointe Boulevard as shown on Sheet D-I.Com letion of the
Phase II Road 1m rovements. Within fifteen (15) months after the issuance of the first building permit for a
bui ing within the lands subject to the first subdivision plat or site plan
that would authorize the aggregate commercial, office and hotel gross floor area as shown on Sheet A
within the Projec to exceed two hundred ninety thousand 290,000) square feet, or prior to the
issuance of a certi lcate of occupancy for any building that causes such
gross floor area to exceed two hundred ninety thousand (290,000) square feet,whichever is earlier, all
of the Phase II Road Improv ments shall be accepted by VDOT for public use or
bonded for VDOT's acceptance if s h Road Improvements are a primary highway, or accepted by VDOT
for public use or bond d to the
County for VDOT's acceptance if such Road Improvements are a secondary highway.
c) Phase III Road Improvements. Prior to the earliest of: (i) the approval of the first subdivision
plat or site plan that would aut orize the aggregate number of dwelling units within
the Project to exceed five hundred thi -three (533); (ii) the approval of a subdivision plat or
site plan for any development of eith r the Virginia Land Trust Property (Tax Map
32, Parcel 22K) or the Jackson Trust Property ( x Map 32, Parcel 22H) or any portion thereof; or (
iii) the five (5) year anniversary of the d te of issuance of the first
certificate of occupancy for a building or premises within the Pr . ect, Owner shall
obtain all associated permits and post all associated bonds required for e construction
of the following
road
improvements to the extent any such road
improvement have
not already been completed:I)Northernmost Entrance Route 29:osite Lewis &
Boulevard.
ii) Northwest Passag from U.S. Route 29 to North
Pointe iii) U.S. Route 29 N hbound - construction of a
right hand turn lane, the geometrics of which will be subject to YO
T approval.iv) Ifnot already con cted, North Pointe
Boulevard between Northside Drive East and
Northwest Passage.v) If the traffic sign to be constructed by others is
in place prior to Owner commencing work on this Northernmo t Entrance, and such traffic
signal only includes three legs, Owner shall add the fourth leg to t e signal, which shall
include additional mast arms, signal heads and ancillary equipment neces ary to support Northwest Passage'
s use of the intersection, as determined by YDOT. If suc traffic signal is not in place
and the vehicular traffic generated by the Project causes the YO T signal warrants to be met,
and YDOT requires that a traffic signal be installed as a condition the entrance permit, Owner
shall install such
traffic signal.2) Notwithstanding any oth r proVISIOn contained
in this Proffer Statement, within one hundred eighty (180) days afte written notice from
the County that it intends to build an elementary school on the School L t (as "School Lot"
is defined in Section 9.1), the Owner shall submit road plans for the cons
ction of Northwest Passage from North Pointe Boulevard to U.S. Route 29 to VDOT and
to the County for review, and when satisfactory, approval. Furthermore, within twelve (
I ) months after issuance of the building permit for construction of the elementary school,
an if not already completed, Owner will complete (i) Northwest Passage from North Pointe
Boulevard to U.S. Route 29, (ii) the improvements set forth in Section 5.
3.1(c)(I) above, and (iii) North Pointe Boulevard from Northside Drive East to
Northwest Passage. To allow the development of the School Lot, the Owner shall grant all
temporary easements as necessar to allow ingress and egress for vehicles and construction
equipment, grading, the installation a d maintenance of erosion and sediment control structures
or measures, and any other asso iated construction easements, as such temporary easements are shown on the
subdivision p at or site plan for the School Lot and mutually agreed
to by the Owner and the developer of th School Lot.Com
letion of the Phase III Road 1m rovements. Within twelve (12) months after the occurrence of
the applicable event in Sectio 5.3.l(c) which required the Owner to obtain all
associated permits and post all associated b ds required for the construction of the Phase III
Road Improvements, all of the Phase III r d improvements shall be accepted by VDOT for public
use or bonded for VDOT's accep nce if such Road Improvements are a primary highway, or
accepted by VDOT for public us or bonded to
the County for YDOT's acceptance if such Road Improvements are a secondary ighway.
5.3.2 Upon request by the County, Owner shal make a cash contribution to the County or VDOT for the
cost of a cable or wireless radio syste that will link one or more
of the signals between Lewis and Clark Drive and Airport Road; rovided, however,
majeure, if the County does not request the funds, or d es request the funds but the construction
of the system does not begin by the later of Dece ber 3 I, 2010 or three (
3) years after completion of all of the Road Improvements, said funds shall be refunded
to the Owner.5.3.3 Prior to the approval of plans for improv ments
at any U.S. Route 29 intersection,Owner shall provide VDOT traffic signal network
ti ing plans that VDOT finds acceptably address the impacts of the proposed
traffic signals for p ak traffic periods.5.3.4 Re
ional Trans ortation Stud . Cas Contribution. Upon request by the County, Owner shall make a
cash contribution of one h ndred thousand dollars ($100,000) to the County for the
purposes of funding a regional transp rtation study for the Route 29 corridor,which includes the South
Fork and North Fork of the R'vanna River and the Hollymead Growth Area of which North
Pointe is a part. The contributi n shall be made within thirty (30) days after requested by
the County anytime after the rezonin is approved. If the request is not made within one (1) year after
the date of approval of the fir t final site plan for the first commercial building
within the Project, this proffer shall become n 11 and void. If such cash contribution
is not expended for the stated purpose within three ( ) years from the date
the funds were contributed to the
County, all unexpended funds shall b refunded to the Owner.VI. OPEN SPACE
AREAS AND GREENWAY 6. I Pedestrian Pathways. All pedestrian p thways shall be classified as shown on the
Pedestrian Pathway Key on Sheet G and, except fI r the pathways to be constructed by the
County, shall be shown on the subdivision plat or site Ian for the underlying or adjacent lands within
the Project. The pathways shall be constructed y Owner as Class A or Class B trails
as identified on Sheet G, and in accordance with the applic ble design and construction
standards in the County's Design Standards Manual. Such const ction shall be in conjunction with the
improvements for the subdivision plat or site plan, as the case may be, and bonded with
the streets if the pathways are a subdivision improveme t, or with a performance bond if the
pathways are a site plan improvement. The pathway sh wn on Sheet G along Flat Branch north and south of North
side Drive East shall not continue thr ugh a culvert if a culvert is used for
the stream crossing. The pathway intended for the culvert etween Park E and Park
F under North Pointe Boulevard shall conform to the applicable sta dards in VDOT's "
Subdivision
Street Guidance" and Owner shall maintain the pathway if it is not accepted by
VDOT for maintenance.6.2 Lake. Upon request by the County, 0 er shall dedicate to the County thelakeshownontheApplicationPlanforpublicuse, provided t at such lake will
be available for use by Owner for stormwater
management as described in S eet
8.1
Branch Librarv.VIII. PUBLIC INFRASTRUCTURE AND FACIL
TIES PROFFERS a) Upon request by the County, 0 ner shall dedicate to the
County the fee simple interest in the land shown on Sheet B as a libra , consisting of a
15,000 square foot fully graded pad site, with utilities, to accommodate a 12,
5 0 square foot building footprint, a five foot perimeter strip and up to
a 25,000 square foot building, together with a nonexclusive easement to the adjacent
common area for ingress, e ress, construction staging and sufficient County Code required
parking, stormwater detention an water quality facilities for the location of a freestanding Jefferson-
Madison Regional Library and such other uses that are compatible with the proposed
surrounding uses, as determined by the County (the "Library Lot").Notwithstanding the terms of the prior sentence
to the c ntrary, if the requirements for the library building require a larger
building footprint, the Cou ty may authorize the library building footprint to be larger than as stated in
the prior sentenc , provided, however, that the size of the area shown as "Park H" on Sheet B ("Park
H") and/ r the size of the adjacent parking area immediately north of the Library Lot
on Sheet B (the 'Library Parking Lot") shall be adjusted accordingly to accommodate such
larger building footp 'nt. The Owner shall not be responsible for any utility tap fees, but Owner
shall complete con truction of the Library Parking Lot and other parking areas serving the Library
Lot. The 0 er shall permit the County to use the Library Parking Lot and/
or, if not already constructe , Park H, for purposes of construction staging. Within twelve (12)
months after written notic from the County that it intends to begin construction of the library, the
Owner shall make the ccess roads and the area of the Library Parking Lot available with at least
a four inch comp cted stone base for use as access and construction staging.
Such street access serving the ibrary Lot and the Library Parking Lot shall be completed and
available for use no later tha ten (10) months after issuance of the building permit
for the library, provided, however, t at asphalt pavement in areas used for construction staging by
the County shall not be require to be installed until thirty (30) days (or such longer
reasonable time as may be necessary due to eather conditions) after the County has removed
its construction-related materials and equipme t. Upon the request of the County, Park H shall also
be dedicated to public use, but the Owner hall not be responsible for maintaining such park.
Owner shall be responsible for maintenan e of the Library Parking Lot and other parking spaces serving
the Library Lot and the County hall have no obligation to be a member of any owner's association.
The County's request for d dication of the land for the Library Lot and Park H shall be
made within three (3) years followi the latter to occur of (i) issuance of
the first residential building permit within the Project, (ii) wner's completion of the infrastructure including but
not limited to streets, water, sewer, el ctric, gas) required for the use of the Library
Lot, or (iii) December 31, 2010. If a request for such dedication is
not made within three 3) years following the later of these dates, this proffer '
11 be null and void.b) Green Roof. In the event that t e
requirements for the library building require a larger building footprint, and the County lects to authorize
the library building footprint to be larger than 12,500 square feet pursuant t section 8.
1(a) above, and in the further event that the building is developed as a condominium
and the County requests the Owner to assume ownership for a portion of the larger building,
wner
on a pro rata basis based on the proportional size of the portion of the library building owned by
the Owner relative to the size of the library buildin as a whole, the cost of designing and
constructing such building. These costs may include, i desired by the County, installation of a
green roof," and any additional expenses associated ith structurally reinforcing the roof as
necessary to support the green roof. Within ten (10) d ys after receipt of a request for
payment by the County that is accompanied by documentation to support the progress payment amount
as provided in the construction contract, the Owner sha I submit such payments to the
County.Alternatively, in the event the County elects to desi the library building as a Leadership
in Energy and Environmental Design ("LEED") building, he Owner shall contribute to the
County,on a pro rata basis based on the proportional size of the portion of the library building owned
by the Owner relative to the size of the library buildi g as a whole, the additional costs
of constructing the library building to obtain LEED certi cation for the building. Within
ten (10)days after receipt of a request for payment by the Coun y that is accompanied
by documentation to support the progress payment amount as provided in e construction contract, the
Owner shall submit such payments to the County. The design of he green roof, or the criteria
utilized to obtain the LEED certification, as applicable, shall be in he County'
s discretion.8.2 Affordable Housinl!:. Subject to the terms and
conditions of this Section 8.2, the Owner shall provide a minimum of forty (
40) "for-sale" residential dwelling units as affordable dwelling units, a minimum of sixty-
six (66 "for-rent" residential dwelling units as affordable dwelling units, and a minimum
of four (4) arriage House Units (as Carriage House Units are defined in Section 8.
2(d)). The forty (40) "fo -sale" residential dwelling units shall be comprised of
the following types of dwelling units: tw Ive (12) from multi-family;
twelve (12)from "other" (consisting of townhouses, duplexes, a ached housing, condominiums
in the commercial areas and other unidentified housing type ); and sixteen (16) from single family detached, each
at the sale prices and under the terms an conditions set forth in this Section
8.2.The Owner shall convey
the responsibility of constructi g the affordable units to the subsequent owners of
lots within the Property.a) Multi-Famil and "Other" For-S Ie Affordable Units. For
multi-family and "other" for-sale affordable dwelling units within th Property, such affordable
units shall be affordable to households with incomes less than eighty ercent (80%) of
the area median family income (the "Affordable Unit Qualifying Income"), s ch that
the housing costs consisting of principal, interest, real estate taxes and homeowners insurance (PIT!)
do not exceed thirty percent (30%) of the Affordable Unit Qualifying Inco e, provided, however, that in
no event shall the selling price of such affordable units be
less an the greater of One Hundred Ninety Thousand Four Hundred
Dollars ($190,400) or sixt five percent (65%) of the applicable Virginia Housing
Development Authority ("
VHDA") aximum mortgage for first-time home buyers at the beginning
of the 90-day identification and qualification period referenced in Section 8.2(
f).b) Sin Ie Famil Detached For-Sal Affordable Units "Moderatel -Priced Units").
For single family detached for-sale affordable nits within the Property ("Moderately-Priced
Units"), such Moderately-Priced Units shall be affordable to households with incomes less than
not exceed thirty percent (30%) of the Moderately-P ced Unit Qualifying Income,
provided,however, that in no event shall the selling price of suc Moderately-Priced Units be required
to be less than the greater of Two Hundred Thirty Eight Thousand Dollars ($238,
000) or eighty percent (80%) of the applicable VHDA maximum mo gage for first-time
home buyers at the beginning of the 90-day identification and qualification
eriod referenced in Section 8.2(f).c) For-Rent Affordable Units. For a p
riod of five (5) years following the date the certificate of occupancy is issued by the County for
each for-rent affordable unit, or until the units are sold as low or moderate cost
units qualifying such under either the Virginia Housing Development Authority,
Farmers Home Administratio , or Housing and Urban Development,Section 8, whichever comes first (
the "Affordable erm"), such units shall be rented to households with incomes less
than the Affordable nit Qualifying Income. No for-rent affordable unit may be counted more than
once tow rds the number of
for-rent affordable dwelling units required by this Section 8.2.i)
Convevance of Interest. All eeds conveying any interest in the for-rent affordable units during the
Affordable Term shall c ntain language reciting that such unit is subject to the terms of this
Section 8.2(c). In addition, a 1 contracts pertaining to a conveyance of any for-rent
affordable unit, or any part thereof, duri g the Affordable Term, shall contain a complete
and full disclosure of the restrictions and co troIs established by this Section 8.2(c).
Prior to the conveyance of any interest in any for-re affordable unit during the Affordable
Term, the then-current owner shall notify the County i writing of the conveyance and
provide the name, address and telephone number of
the potentia grantee, and state that the requirements of this
Section 8.2(c)(i) have been satisfied.ii). Annual Reporting. During the Affordable Term and
within ninety 90) days following the end of each calendar year, the then-current owner shall provide
to the Albemarle County Housing Office a certified annual rep rt of all
for-rent affordable units for the immediately preceding year in a form and substanc reasonably acceptable
to the County Housing Office. Subject to all federal, state and local h using laws, and
upon reasonable notice during the Affordable Term, the then-current Owner s 11 make available to
the County at the then-current Owner's premises, if requested, any reports
copies of rental or lease agreements, or other data pertaining to
rental rates as the County may re sonably require.d) Carriage House Units. Carriage ouse
Units shall meet the requirements for a single family dwelling as defined in the Virginia niform Statewide Building Code,
shall be on the same parcel as the primary dwelling unit to
which it is accessory, and shall not be subdivided from the primary residence ("Carriage Hou e
Units"). The subdivision restriction
shall be included on the plat creating such parcels and b incorporated into each
deed conveying title to such parcels.e) Each subdivision plat and site pI
n for land within the Property which includes affordable units (which, for this Section 8.2(e)
shall include Moderately-Priced Units)shall designate the lots or units, as applicable, that will
subject to the terms and conditions of this proffer, incorporate affordable units as described h ein.
total number of affordable dwelling units proffered ereunder shall have been fulfilled, the
Owner shall provide a minimum of three (3) such affor able dwelling units per year. Each
final subdivision plat and final site plan also shall inclu e a running total of the number
and percentage of affordable units previously provided and proposed to be provided by
the subdivision plat or site plan. For purposes of this Sect on 8.2(e), such units shall
be deemed to have been provided when the subsequent owner/build r provides written notice
to the County Housing Office or its designee that the unit(s) will be vailable for sale, as
required by Section 8.2(f) below. In the event that the Owner provides mor
than three (3) affordable dwelling units in a single year, the Owner may "carry over" or "ban "
credits for such affordable units, such that the additional affordable units which exceed
th minimum annual requirement may be allocated toward the minimum number of affordable un ts required
to be provided for any future year. The maximum number of affordable units that ay be
carried over or banked shall not exceed twelve (12) per year. Notwithstanding the te s
of this Section 8.2(e) to the contrary,upon the written request of the Owner,
the County ma authorize an alternative process and/or schedule for the provision and/or delivery of
such affor able units upon a determination that the request is in general accord with the
purpose and intent of Section 8.2 and/or
otherwise furthers the goals of providing affordable housing in the County.f) All purchasers
of the for-sale afordable units shall be approved bythe Albemarle County
Housing Office or its designee. Th subsequent owner/builder shall provide the County or its designee a
period of ninety (90) da s to identify and prequalify an eligible purchaser for the
affordable unit. The ninety (90)-day pe . od shall commence upon written notice from the then-current owner/builder
that the unit(s) will e available for sale. Ifthe County or its designee does not
provide a qualified purchaser who ex cutesa contract of purchase during this ninety (90)-day period,
the then-current owner/builder shall have the right to sell the unit(s)without any
restriction on sales price or income of the rchaser(s), provided, however, that any unit(
s) sold without such restriction shall neverthel s be counted toward the number of
affordable units required to be provided pursuant to this terms of this Section 8.2. The requirements of
this Section 8.2 shall apply only to the fi st sale of each
of the affordable units.g) The County shall have the right, rom time to time, on reasonable
notice and subject to all applicable privacy laws, to inspect
th records of Owner or any successors in interest for the
purposes of assuring compliance with thi proffer.h) Cash Proffer. Within sixty (6
days after the Board of Supervisors approval of ZMA 2000-009, the Owner shall cause
to be contributed three hundred thousand dollars ($300,000) cash to the County of Albemarle for
t e Albemarle Housing Initiative Fund or such other similar fund as may be established or auth '
zed by the County. The contribution shall be to fund affordable home ownership
loan progra s within the Project and other areas of Albemarle
County, including those provided by no -profit housing agencies such as the Piedmont Housing Alliance, Habitat for Humanity, an the Albemarle Housing Improvement Program. If such cash contribution is not expended
for the stated
IX. EDUCATIONAL AND OTHER PUBLIC FAC LITIES
9.1 Elementary School Site. Within two hundred seventy (
270) days following request by the County, Owner shall dedicate to the C unty the land shown
on the Application Plan as "Elementary School 12.85 Acres Schematic
La out", consisting of approximately 12.85 acres (or a smaller portion of such land in the County'
s ole discretion) (the "School Lot"). Prior to dedication, the School Lot shall be graded and com
acted by Owner to a minimum of 95%compaction as measured by a standard
Proctor te t with suitable material for building construction as certified by a
professional engineer 0 as otherwise approved by the County Engineer to establish a fully graded
pad site to acc mmodate an elementary school. The recreational field improvements shown on the Applicati
n Plan shall be fine graded and have top soil and soil amendments added, and
the mains for an derground irrigation system serving the recreational fields shall be installed.
Such improvemen s shall be reasonably equivalent to those existing at the recreational fields at
Baker-Butler Ele entary School, exclusive of any above ground improvements. The pedestrian pathways as
sho on the perimeter of the School Lot on the Application Plan shall be reflected on
the subdivis on plat prepared by Owner creating the School Lot and the pathways shall be installed when
t e site is graded for the recreation fields.The Owner shall provide all utilities
to the School Lot. The dedication shall include easements across Owner's land for access to and
use of Storm Water Basins 5 and 10 shown on the Application Plan,
together with all temporary constructi n easements to allow Stormwater Basin 10 to be redesigned
and enlarged, if necessary, to acco modate the School Lot stormwater. The School Lot shall be used
as an elementary school sit , but if the County determines that the School Lot will not be used as an
elementary school sit , it shall be used by the County for park and recreational purposes
serving both the North Poi te community and the region. If the County does not
request by December 31, 2010 that t e School Lot be dedicated, the Owner shall be
under no further obligation to dedicate the Sch 01 Lot for the
purpose described herein,but shall, by January 30, 2011, contribute five hundred thousand dollars ($500,000) cash to
the County to be used by the County for projects identified i the County's CIP reasonably related
to the needs of the North Pointe community, and in suc event the School Lot may
be used for other residential purposes as approved by the County a er request by Owner for
an amendment to the Application Plan. After dedication and before the County uses the School Lot
for a school or for park and recreational purposes, and if requested y the County, Owner shall maintain the
School Lot until requested by the County to no longe do so, subject to the Owner'
s right to exclusive use of the School Lot for park and recreation I purposes. Such park and
recreational purposes shall be only those uses shown on an approved final site plan or subdivision plat
for the area that includes the School Lot. Upon being request d by the County, Owner
shall cease all use and maintenance of the School Lot and remove all i provements established
by Owner that the County requests be removed. The County shall ot be obligated to
pay Owner for any improvements established by Owner that the County r tains. The deed of dedication for the
School Lot shall provide that if the County accepts tit e to the School Lot and
then does not construct either a park or a school within twenty (20) years following
the date the Board of Supervisors approves ZMA
9.2 Bus StoD Turnoffs Bus Ston Imnrovelhents. and
Bus Service.a) Owner shall construct ten (10) J ublic bus stop turnoffs as
shown on the Application Plan, or otherwise two (2) in the southtjmmost residential
area, four (4) in the commercial areas and four (4) in the other residen ial
areas, each in a location mutually acceptable to Owner and the County. The bus stoJ
turnoffs shall be approved with street construction plans for the Project and
bonded and consnucted with the streets.b) Upon the request by the County, Owner
shall contribute the total sum of twenty five thousand dollars ($25,000) cash towards
t~e design and construction of the above ground bus stop improvements such as benches
and she ters meeting standards established by the County at each bus stop. If the County does not reques
the funds, or requests the funds but does not construct the bus stop improvements
by the later ( f December 31, 2015 or three (3) years after completion of the road
network that includes the pus stop turnoffs, then subject to matters of force majeure, the unexpended funds
shall, in the di cretion of the County, either be returned to Owner or applied to
a project identified in the Count's capital improvements
program within or adjacent to the Project that benefits the Project.
c) Within thirty (30) days after the introduction of public transportation to the Project,
Owner shall contribute twenty-five thousan dollars ($25,000) cash to the County to
be used for operating expenses related to such service, and shall thereafter annually contribute
Twenty-Five Thousand Dollars ($25,000) cash to the ( ounty to be used for operating expenses related
to such service for a period of nine (9) add tional years, such that the
total funds contributed to the County pursuant to this Section 9.2 c) shall
not exceed Two Hundred Fifty Thousand Dollars ($250,000). If the introduction
of pu lic transportation to the Project does not commence by the later often (10) years after the
Board pfSupervisors approves ZMA 2000-009,or seven (7) years after the date
of the issuance of the
lrst certificate of occupancy for the first commercial building within the Project,
this Section 9.21c) shall become null and void.x. ACCESS TO ADJACENT PROPERTIES 10.1 Dedication of
Ri~ht-of-Wav-Extension 0 Parcel 22E. Unless the dedication of public right-
of-way
and the construction of such str~et are required in conjunction with the approval of a
subdivision plat under Albemarle County Code S 14-409 and related sections, or their successors:Owner shall
reserve the fifty (50) foot wide rig t-of-way located within the area shown on Sheet B
and identified as a "50' R.O.W. Reserved fc Future Dedication" connecting a right-
of-way from the proposed middle entrance road into NOl h Pointe to the southern property line
of Tax Map 32, Parcel 22E ("TMP 32-22E"). Prior to the issuance of
a building permit for Building 32 as shown on the Application Plan, Owner hall record in
the Clerk's Office of the Circuit Court of Albemarle County, a current, irrevocabl~ deed of dedication dedicating
to public use for road purposes, the area labeled "50' R.O.W. R served for Future
Dedication." Owner acknowledges that if it is not part of a subdivision pIa approved by
shall have been upzoned; and (ii) that prior to its use or road purposes, there shall have been
constructed on the land so dedicated a road approved b the County and accepted by VDOT for
public use or bonded for VDOT's acceptance. At the f e of the construction of the access road
serving Building 32, the Owner shall construct the in ersection curb radii or the road
serving TMP 32-22E and extend construction of such road for t least a minimum of
one hundred (100)feet from Northside Drive East. The Owner shall also lace at the end of such
extended road, a sign, approved by the County, advising and notifying the public that such right-of-
way is the location of a future road extension. Owner shall gr t temporary
construction easements as determined necessary by the County Engineer to allow for the road to be
extended to TMP 32-22E, which construction easements shall be on Owner s property and
outside of the dedicated right-of-way, and shall be established by the applica Ie site plan.
No improvements shall be located within the temporary construction easements ntil construction of
such
road has been completed.10.2 Access to Tax Ma
32A Section 2 arcel 4 current Northwoods Mobile Home Park Property). Unless the dedication of pu
ic right-of-way and the construction of such street are required in conjunction with the
approv I of a subdivision plat under Albemarle County Code
S 14-409 and related sections, or their suc essors:Owner shall reserve an area in
the location la eled "50' R.O.W. Reserved for Future Dedication" at the eastern end of
the main commercial ccess road from U.S. Route 29 on Sheet B for access to Tax Map
32A, Section 2, Parcel 4 ("T P 32A-2-4"). Prior to the issuance of
a building permit for Building 6 or Buildings VI throug V6, each as shown on the Application
Plan, whichever is earlier, Owner shall record in the Clerk's Office of the Circuit
Court of Albemarle County, a current, irrevocable deed of dedi ation dedicating to public
use for road purposes, the area labeled "50' R.O.W. Reserved for F ture Dedication." Owner acknowledges that if
it is not part of a subdivision plat approved by t e County, such offer of dedication
must be first reviewed and approved by the Board of Supe isors and accepted by
the Board. Such deed of dedication shall include the following conditio : (i) that TMP 32A-2-4 shall
have been upzoned; and (ii) that prior to its use for road purposes, there shall have been
constructed on the land so dedicated a road approved by the County an accepted by
VDOT for public use or bonded for VDOT's acceptance. At the time of the
onstruction of the roundabout serving Building 6 and Buildings VI through V6 the Owner s all construct
the intersection curb radii and extend construction of the road for a distance of at least thirty feet
beyond the roundabout.The Owner shall also place at the end of such extende road, a sign, approved
by the County,advising and notifying the public that such right-of-way s the location
of a future road extension.After dedication and before the conditions of the dedica 'on have been
satisfied, and if requested by the County, Owner shall maintain the dedicated la d until requested by the County
to no longer do so, subject to the Owner's right to exclusi
e use of the dedicated land for park,recreational, and/or greenspace purposes. Upon beingrequestedbytheCounty, Owner shall cease all use and maintenance of the dedicated
land and emove all improvements established by Owner (if any) that the County requests be removed. 0
er shall grant temporary construction easements as determined necessary by the County Engi eer to allow
for the road to be extended to TMP 32A-2-4, which construction easements shall
shall be located within the temporary construction ease ents until construction of such road has
been completed.
XI. SIGNATORY
12.1 Certificate. The undersigned certify that they are the only owners of
the Property,which is the subject of ZMA-
2000-09 and SP 2002-72.12.2 The Owner. These proffers shall
run ith the Property and each reference to Owner within these proffers shall include
within its meaning, and shall be binding upon,Owner's successor(s) in interest and/or the developer( )
of
the Property or any portion
This Proffer Statement may be signed in counterparts and/or via facsimile with the same
full force and effect as if all signatures were original an( on one document.
Signatures of Contract Purchaser and All Owners
Contract Pl rchaser:
NORTH P<DINTE CHARLOTTESVILLE, LLC
By: Great pastern Management Company,
Manager
Date:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE
By:
it :
The undersigned Notary Public in and for the jlJrisdiction aforesaid hereby certifies that
Charles Rotgin, Ir., whose name as President of Great Eiastern Management Company, Manager
of North Pointe Charlottesville, LLC, a Virginia limi ed liability company, is signed to the
foregoing Proffer Statement bearing the date as of , 2006, acknowledged the
same before me in my jurisdiction aforesaid on behalf of said I mited liability
company.Given under my hand this _ day
of My commission
expires:SEAL]Notary
Date:
By:
VIRGINIA LAND TRUST
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE
its: TThstee
The undersigned Notary Public in and for the junsdiction aforesaid hereby certifies that
Charles William Hurt, whose name as Trustee of Virgi ia Land Trust, a Virginia land trust, is
signed to the foregoing Proffer Statement bearing the date as of ,
2006,acknowledged the same before me in my jurisdiction afo esaid on behalf of said
Trust.Given under my hand this _ day
of My commission
expires:SEAL]Notary
By:
VIOLET H LL ASSOCIATES, L.L.C.
Date:
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE
its: Mkma2:er
The undersigned Notary Public in and for the julrisdiction aforesaid hereby certifies that
Charles William Hurt whose name as Manager of Vi let Hill Associates, L.L.C., a Virginia
limited liability company, is signed to the Proffer Staterr ent bearing the date as of ,
2006, acknowledged the same before me in my jurisdi( tion aforesaid on behalf of said
limited liability
company.Given under my hand this _ day
of My commission
expires:SEAL]Notary
CWH PROPERTIES LIMITED PARTNERSHIP
By:
Date:its: G neral Partner
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE
The undersigned Notary Public in and for the junsdiction aforesaid hereby certifies that
Charles William Hurt, whose name as General Partner 0 CWH Properties Limited Partnership,
a Virginia limited partnership, is signed to the foregoing Proffer Statement bearing the date as
of 2006, acknowledged the same before me n my jurisdiction aforesaid on
behalf of
said partnership.Given under my hand this _
day of 2006.
My commission expires:
EDWARD R. JACKSON TRUST
By: Bank f America NA Trustee
Date:
By:
ts:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE
The undersigned Notary Public in and for the jursdiction aforesaid hereby certifies that
whose name as of
Bank of America, NA, Trustee of the Edward R. Jackson Trust, is signed to the foregoing Proffer
Statement bearing the date as of , 2006, acl nowledged the same before me inmyjurisdictionaforesaidonbehalfofsaid
Trust.Given under my hand this _ day
of 2006.My
commission expires:SEAL]
Notary
Public
IREA\