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HomeMy WebLinkAboutZMA202100016 Proffers 2023-02-17110117,1111 AMENDED PROFFER STATEMENT UNIVERSITY OF VIRGINIA FOUNDATION NORTH FORK REZONING AMENDMENT Date: February 17, 2023 ZMA-2021-00016 North Fork UVA Discovery Park Tax Map Parcels — see list of parcel numbers, existing zoning designation, and proposed zoning designation below: Parcel Owner Existing Zoning Designation Proposed Zoning Designation Acres 03200000001800 University of Virginia Foundation PD-IP NMD 11.220 032000000018AO University ofVirginia Foudation PD-IP NMD 9.501 032000000006R0(Portion) UnKvrsity of Virginia Foundation PD-IP NMD 151.580 032000000006R0 Residue University of Virginia Foundation PD-IP PD4P* 315.943 032000000022131 UniversityalVirginia Foundation Hl** PD4P 4.979 032000000022132 University of Virginia Foundation R1 PD4P 1.897 032000000019130 Unhersity of Virginia Foundation PD-IP PD4P* 4.002 0320000000191-11 UnherslW of VirainiaFoundation PD-IP PD4P* 0.326 032000000019F1 Unhersity of Virginia Foundation PD-IP PD4P* 2.532 032000000019GO Unhersity of Virginia Foundation PD-IP PD4P* 4.770 032000000019EO Unhersity of Virginia Foundation PD-IP PD4P* 7.100 032000000019CO Unhersity ofVirginia Foudation PD-IP PD4P* 4.863 032000000019FO Uni%ersity of Virginia Foundation PD-IP PD4P* 6.024 032000000006A2 UniNersityalVirginia Foundation PD-IP PD4P* 7.110 032000000019J1 University ofVirginia Foundation PD-IP PD4P* 4.669 032000000019H0 Unrve ofVi PD-IP PDaP* 2.601 032000000019J0 :rbFoudation Urine of Vl Iria Foundation PD-IP PD4P* 4.333 Total Acres: 543.450 Total NMD Acres: 172.301 *The Application Plan and Proffers are being amended for those parcels that are remaining PD-IP. **The existing HI Property associated with ZMA 1987-007 is being amended to be rezoned to PD4P and remove existing proffers. All of the parcels listed above are part of ZMA 2021-016, and subject to these proffers (the "Property"). Some of the parcels comprising the Property were originally rezoned as part of the original rezoning of the University of Virginia Research Park to Planned Development -Industrial Park as ZMA 95-04, which was amended by ZMA 1998-27. The zoning was further amended with ZMA 2005-0003, which added additional parcels. Parcel 32-22B 1 was zoned Heavy Industrial ("HI") by ZMA 1989-07. ZMA 95-04, ZMA 1998-27, ZMA 2005-003, and ZMA 1989-07, together with all applicable application plans and proffer statements associated therewith, are collectively referred to herein as the "Prior Zoning Actions." This rezoning amendment application identified as "ZMA-2021-00016 North Fork UVA Discovery Park" proposes to rezone some of the parcels subject to the prior Zoning Actions from Planned Development -Industrial Park ("PD-IP") to Neighborhood Model District ("NMD"), to rezone one parcel from R-1 Residential ("R-1") to PD-IP, to rezone one parcel from HI to PD-IP, and to amend previously approved application plans and proffers associated with the Prior Zoning Actions, each as listed in more detail on the table on page one (1) herein (the "Rezoning Amendment"). This amended proffer statement associated with the Rezoning Amendment (this "Amended Proffer Statement") modifies and supersedes all prior proffer statements, application plans, exhibits, or other materials associated with the Prior Zoning Actions. The development of the Property authorized by this Rezoning Amendment is referred to as the "Project." The University of Virginia Foundation is the owner of the Property (the "Owner") and the Applicant of this Rezoning Amendment (the "Applicant"). For purposes of this Amended Proffer Statement, the terms Applicant and Owner are interchangeable. The Applicant hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the property subject to the Rezoning Amendment as requested, the Applicant shall develop the Property in general accord with the following proffers pursuant to Sections 15.2- 2303 and 15.2-2303.4 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.7 of the Albemarle County Zoning Ordinance. The Applicant specifically deems the following proffers reasonable and appropriate, as conclusively evidenced by the signatures below. If the Rezoning Amendment is denied, this Amended Proffer Statement shall immediately be null and void and of no further force and effect. 1. Application Plan and Code of Development. The Property is depicted on the plans entitled "North Fork ZMA Rezoning Application Plan" dated December 13, 2021, last revised February 3, 2023, prepared by Timmons Group and LPDA (the "Application Plan"). Exhibit to the Application Plan is a Code of Development that shall regulate the development of the areas within the Project that are proposed to be zoned NMD (the "Code of Development"). The Property will be developed in general accord with the essential elements of the Application Plan, and in the areas zoned NMD, the Code of Development. 2. Maximum Non -Residential Area. The total maximum square footage of non-residential uses developed within the Project shall not exceed three million, seven hundred thousand (3,700,000) square feet gross floor area (the "Non -Residential Limit"). The Non -Residential limit shall expressly exclude the following permitted uses: a. Recycling centers b. Structures included as amenities within Green Space or amenity areas (as shown on the Application Plan or as regulated by the Code of Development) or any other common area, or open space area, such as picnic shelters, trail head kiosks, and restrooms. c. Fire and emergency response stations(s) d. Temporary construction uses 2 e. Storage buildings that are accessory to a permitted primary use (as distinguished from uses defined in Section 3.1 of the Zoning Ordinance as "Storage/Warehousing/Distribution/Transportation") f. Utility infrastructure g. Public Uses h. Other uses that the Zoning Administrator determines to be similar in nature to those listed herein. 3. Transportation Improvements. To accommodate the additional traffic estimated to be generated by the Project, the Applicant will design and construct the following road improvements, each as generally shown on Exhibit K to the Application Plan entitled "Proffered Road Improvements:" A. US Route 29 at Lewis & Clark Drive Intersection. i). Second Eastbound Left Turn Lane. Prior to obtaining a certificate of occupancy for a use within the Project that, based on a projected traffic count, would cause the eastbound left turn volume (turning left from Lewis & Clark Drive to proceed north on to Route 29) generated by the Project to exceed one hundred fifty (150) vehicles during the PM peak hour, the Applicant shall install a second eastbound left turn lane. ii). Second Northbound Left Turn Lane. Prior to obtaining a certificate of occupancy for a use within the Project that, based on a projected traffic count, would cause the northbound left turn volume generated by the Project making a northbound left turn lane (turning left from Route 29 to proceed west onto Lewis & Clark Drive) to exceed one hundred fifty (150) vehicles during the AM peak hour, the Applicant shall install a second northbound left turn lane. B. Lewis & Clark Drive. Prior to obtaining a certificate of occupancy for a use within the Project that, based on a projected traffic count, would cause the projected number of vehicle trips generated by the Project on Lewis & Clark Drive to exceed twelve thousand (12,000) trips per day (or at such earlier time as the Applicant may elect in its discretion), the Applicant shall widen the segment of Lewis & Clark Drive between Quail Run and Airport Road to four (4) lanes. C. Route 29 Northbound at Airport Road. The Owner's traffic impact analysis prepared by Timmons Group dated December, 2021, last revised February 2023 (the "Traffic Study"), concludes there is existing traffic congestion during the peak hours at the Route 29/Airport Road intersection, and that at full build out the Project is estimated to contribute approximately eighteen percent (18%) of the total vehicle trips travelling through the Route 29/Airport intersection during peak hours. To mitigate the Applicant's proportionate contribution to the existing traffic congestion at the Route 29/Airport Road intersection, the Applicant will design and construct the following road improvement: i). Segment of Third Northbound Through Lane on Route 29. Prior to obtaining a certificate of occupancy for a use that, based on a projected traffic count, would 3 cause the projected number of vehicle trips generated by the Project to exceed ten thousand (10,000) vehicle trips per day, the Applicant shall install a segment of a third northbound through -lane on US Route 29, beginning at the Route 29/Airport Road intersection and extending north to the Airport Acres Road median crossover (approximately one thousand (1,000) feet north). The estimated cost of this improvement as of the date of this Amended Proffer Statement is Seven Hundred Fifty Thousand Dollars ($750,000). ii). Median U-Turn Intersection. Prior to obtaining a certificate of occupancy for a use that, based on a projected traffic count, would cause the projected number of vehicle trips generated by the Project to exceed twenty thousand (20,000) trips per day, the Applicant will install a Median U-Turn (the "MUT") intersection at the US Route 29/Airport Road Intersection. iii). Notwithstanding the provisions in paragraphs 3.C.(i) and (ii) herein, in the event that alternative transportation improvements are identified to improve the US Route 29/Airport Road intersection other than those referenced in paragraphs 3.C.(i) and (ii) herein, then prior to obtaining a certificate of occupancy for a use that, based on a projected traffic count, would cause the projected number of vehicle trips generated by the Project to exceed ten thousand (10,000) vehicle trips per day, then instead of constructing the improvement described in paragraph 3.C(i), the Applicant will contribute cash to the County Capital Improvement Program Fund to be applied toward the cost of constructing such alternative improvements, in the amount equal to eighteen percent (18%) of the cost of such alternative improvements, up to a maximum of Seven Hundred Fifty Thousand Dollars ($750,000), which shall be paid to the County prior to obtaining a certificate of occupancy for a use that, based on a projected traffic count, would cause the projected number of vehicle trips generated by the Project to exceed ten thousand (10,000) vehicle trips per day. Upon delivery of such funds to the County, the Applicant shall have no further obligations pursuant to paragraph 3.C. All construction by the Applicant of offsite road improvements is expressly subject to the County or the Virginia Department of Transportation ("VDOT") obtaining any required right-of-way (if such right-of-way is not owned in fee simple by Applicant). 5. Buffer Adjacent to Dickerson Road. The one hundred fifty (150) foot buffer adjacent to Dickerson Road and shown as "150' Buffer Area" on Exhibit C to the Application Plan, entitled "NMD-PDIP Application Plan," may be reduced by up to fifty (50) feet if the dedication of right of way is required for the widening of Dickerson Road by VDOT. In such instance, the Applicant shall dedicate, without monetary consideration, the right of way within six (6) months following the Applicant's receipt of the written request by the County (or within such extended period as may be required to obtain final approval of any necessary subdivision plat or other plan). 6. Recreational Areas, Trails, Green Space and Open Space. 0 A. Dabney Grove Recreation Area. In the area shown and labeled as "Dabney Grove Park Parcel" on Exhibit E to the Application Plan entitled "Proposed and Existing NMD-PDIP Parks & Rec Facilities" ("Exhibit E") (the "Dabney Grove Park Parcel"), the Applicant shall construct an active amenity area containing a recreation field, parking lot, picnic area, and restrooms (the "Dabney Grove Recreation Area") prior to obtaining a certificate of occupancy for the two hundred and first (201') residential dwelling unit within the Project. Once completed, the Applicant shall dedicate the Dabney Grove Recreation Area to the County for public use. B. Pedestrian Trails. The Applicant has previously conveyed to the County a Deed of Dedication and Easement for the County to construct a public access trail and greenway within the area shown as "Existing Greenway Easement along Rivanna River" on Exhibit E (the "Rivanna River Greenway Trail"). As of the date of this Proffer Statement, the Rivanna River Greenway Trail has not been constructed. The Applicant shall construct the following improvements within the Project: 0. Trail Connecting Dabney Grove Park Parcel to a Greenway. The Applicant will construct a pedestrian connection between the Dabney Grove Park Parcel and either the Rivanna River Greenway Trail or the Jacob's Run Greenway Trail in at least one (1) of the potential areas shown and labeled as "Potential Trail Connection" on Exhibit E (the "Connection Trail"). The Connection Trail may be comprised of a Class B, Type 2 trail, or a public sidewalk, or some combination thereof, and shall be made available for public use via a public access easement. The Connection Trail shall be constructed prior to obtaining a certificate of occupancy for the two hundred and first (201') residential dwelling unit within the Project; provided, however, if the Rivanna River Greenway Trail has not yet been constructed at such time, the Applicant shall commence construction of the Connection Trail within three (3) months after the County notifies the Applicant in writing that it has completed construction of the Rivanna River Greenway Trail, and shall complete construction and dedication of the Connection Trail within twelve (12) months following the commencement of construction. ii). Public Pedestrian Trail within Jacob's Run Greenway. Subject to the terms and conditions of an existing license with the U.S. Department of Forestry, the Applicant will construct a Class B, Type 1 primitive trail (a "Primitive Trail") through the area shown and labeled as "Jacob's Run Greenway and Primitive Trail" on Exhibit E, which trail shall be dedicated to the County for public use (the "Jacob's Run Greenway Trail"). The Jacob's Run Greenway Trail shall be completed and dedicated prior to obtaining a certificate of occupancy for the two hundred and first (201s�) residential dwelling unit within the Project; provided, however, if the Rivanna River Greenway Trail has not yet been constructed at such time, the Applicant shall commence construction of the Jacob's Run Greenway Trail within three (3) months after the County notifies the Applicant in writing that it has completed construction of the Rivanna River Greenway Trail, and shall complete construction and dedication of the Jacob's Run Greenway Trail within twelve (12) months following the commencement of construction. E iii). Future Expansion of Rivanna River Greenway Trail Easement. The County has determined that it may need to expand the boundary of the easement for the Rivanna River Greenway Trail in limited locations to provide for an improved Rivanna River Greenway Trail. Subject to review and approval of the design plans for such limited expansions to confine that such expansions are consistent with conceptual sketches shared with the Applicant as of the date of this Amended Proffer Statement, then within six (6) months following the Applicant's receipt of a written request by the County (or within such extended period as may be required to obtain final approval of any necessary easement plat) the Applicant shall dedicate, without monetary consideration, a permanent easement in such area(s). iv). Easement for Future Shared -Use Path Along US Route 29. Within six (6) months following the Applicant's receipt of a written request by the County (or within such extended period as may be required to obtain final approval of any necessary easement plat or similar plat) the Applicant shall dedicate, without monetary consideration, a permanent easement of up to fifteen (15) feet along the Property's frontage on US Route 29, as necessary for the construction of a shared -use path along the Property's frontage on US Route 29. C. Trailhead Parking Area. The Applicant will provide a trailhead parking area to accommodate approximately seven (7) vehicles in an area within the Property that provides reasonably convenient public access to the Connection Trail trailhead, which may be a portion of an existing parking lot (the "Trailhead Parking Area"). The Trailhead Parking Area shall be completed generally at the same time as the Connection Trail. D. NMD Amenity Areas. In the areas zoned NMD, the Code of Development shall regulate the development of Amenity Areas. E. Green Space and Open Space. i). Total Area of Green Space and Open Space. The total area of green space and open space over the entirety of the Project (areas zoned NMD and areas zoned PD-IP) will not be less than two hundred (200) acres. The Dabney Grove Park Parcel, the Dabney Grove Recreation Area, any land that is shown as green space or open space on the Application Plan, and any land that is or has been dedicated to the County or to any other public entity shall continue at all times to be counted as green space or open space (as applicable) for purposes of this paragraph 6.E. ii). Green Space in NMD Areas. The Code of Development shall regulate the green space in the areas zoned NMD. iii). Open Space in PDIP Areas. In addition to the improvements required within the Dabney Grove Park Parcel and the Dabney Grove Recreation Area, the open space areas within the areas zoned PDIP may include improvements such as, but not limited to utilities, stormwater management facilities, graded and revegetated slopes of 25 percent to 50 percent, pedestrian and bike trails, restrooms, trailhead parking areas (and other 0 trailhead improvements), amenity improvements, and similar structures determined by the County to be appropriate for green space and/or open space areas, or as otherwise permitted by applicable provisions of the County Code. 7. Historic Resources in Block D. Prior to demolition of any of the existing buildings located within Blocks D-1 or D-2 (except for the Fire Rescue Station Parcel), the Applicant shall document such buildings with photographs and drawings in coordination with the Albemarle County Historic Preservation Committee. 8. Water Conservation. No single industrial or commercial user which proposes a use that will require more than One Hundred Twenty -Five Thousand (125,000) gallons per day (average daily consumption) of potable water shall be constructed without written confirmation from the Albemarle County Service Authority prior to approval of a final site plan (or prior to issuance of a building permit or final zoning clearance if a site plan is not required) that sufficient water capacity exists to support such a user, or is expected to exist at the time of completion of construction of any building(s) for such user. Such site plan approval, building permit, or zoning clearance, as applicable, may include reasonable conditions related to water usage. 9. Miscellaneous. A. Tracking Details on Site Plan. If requested by the County in connection with its review of any site plan application within the Project, the Applicant shall include a summary chart of total gross square footage of non-residential uses and number of residential dwelling units completed within the Project to date, and/or trip generation estimates for such application, to assist with monitoring compliance with this Amended Proffer Statement. B. Dedication of Land or Easements. For any proffer in this Amended Proffer Statement requiring the Applicant to dedicate land or easements to the County for public use, the Applicant shall bear the costs of preparing any necessary subdivision plat, easement plat, or related plat, and the cost to prepare the Deed or other instrument. C. Right of County to Extend Deadlines. Any deadlines for completion of road improvements, trails, or other improvements or obligations of the Applicant contained in this Amended Proffer Statement may be extended by the County in its reasonable discretion as may be required to obtain final approval of any necessary subdivision plat, site plan, easement plat, road plan, or similar plan, or to accommodate unforeseen delays, supply chain disruptions, contractor delays, and force majeure events such as, but not limited to, natural disasters, quarantine, and pandemic without withholding issuance of any certificate of occupancy. This Amended Proffer Statement shall run with the Property and each reference to the "Applicant" or "Owner" within this Amended Proffer Statement shall include within its meaning, and shall be binding upon, Applicant's and Owner's successor(s) in interest and/or the developer(s) of the Property or any portion of the Property. 7 46651722.12 OWNER and APPLICANT: UNIVERSITY OF VIRGINIA FOUNDATION a Virginia non -stock corporation Tim R. Rose, Chief Executive Officer 0