HomeMy WebLinkAboutZMA201300009 ProffersAlbemarle Place /Stonefield
PROFFER FORM
AMENDMENT TO PROFFERS
Date: November 13, 2013
ZMA # 2013 -00009 Albemarle Place /Stonefield
Tax Map and Parcel Numbers: 061WO- 03- 00 -019AO (as it has been subdivided), 061WO -03-
00 -019BO (as it has been subdivided), 061WO- 03 -00- 02300, 061WO- 03 -00- 02400, and 61WO-
03-00 -02500
65.034 Acres zoned Neighborhood Model District (NMD) to be rezoned to Neighborhood
Model District (NMD)
This instrument amends those certain Proffers dated March, 13, 2012, for ZMA # 2011 -00007
Albemarle Place /Stonefield ( "ZMA 2011 Proffers "). Except as expressly amended herein, the
ZMA 2011 Proffers shall remain unchanged and to the extent that any terms, conditions and
obligations contained in the ZMA 2011 Proffers have not been fully met, such terms, conditions
and obligations shall remain in full force and effect.
Albemarle Realty (E &A), LLC, a South Carolina limited liability company, is the owner of a
parcel of land that were subdivided from tax map parcel 061 WO- 03- 00- 019BO, which parcel is
shown as "Lot D2 ", containing 5.487 acres, each on a plat entitled "Plat Showing Subdivision of
Stonefield, Jack Jouett Magisterial District, Albemarle County, Virginia" dated July 15, 2011,
last revised November 10, 2011, prepared by W.W. Associates, which plat is of record in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4135, page 215
(the "Lot D Parcel Subdivision Plat "). The Haven at Stonefield, LLC, a South Carolina limited
liability company, is the owner of a parcel of land that was subdivided from tax map parcel
061 WO- 03- 00- 019BO, which parcel is shown as "Lot E2" containing 7.638 acres, on the Lot D
Parcel Subdivision Plat.
MacFarlane Stonefield, LLC a Virginia limited liability company, is now the owner of a parcel
that also was subdivided from tax map parcel 061 WO- 03- 00- 019BO, which parcel is shown as
"Lot D3 ", containing 1.010 acres, on the Lot D Parcel Subdivision Plat.
AIbemarle Place EAAP, LLC, a Delaware limited liability company, is the fee simple owner of
tax map parcels 061 WO- 03 -00- 02300, 061 WO- 03 -00- 02400, 061 WO- 03 -00- 02500, and the
residual portions of tax map parcels 061 WO- 03- 00 -019BO and 061 WO- 03- 00 -019AO that were
not conveyed to either Albemarle Realty (E &A), LLC, MacFarlane Stonefield, LLC, or The
Haven at Stonefield, LLC. For the purposes of these proffers, Albemarle Place EAAP, LLC,
MacFarlane Stonefield, LLC, The Haven at Stonefield, LLC, and Albemarle Realty (E &A),
LLC are collectively referred to herein as (the "Owner "). The term "Owner" as referenced
herein shall include within its meaning the owner of record and successors in interest.
Tax map parcels 061 WO- 03- 00- 019AO, 061 WO- 03 -00- 02300, 061 WO- 03 -00- 02400, 061 WO -03-
00- 02500, and 061 WO- 03- 00 -019BO (including the lots created there from pursuant to the Lot D
Original Proffer: .
Amendment: X
Parcel Subdivision Plat) (collectively, the "Property "), are the subject of zoning map amendment
application number ZMA 2011 -00007 originally submitted as "Albemarle Place Proffer
Amendment," which application name has been renamed to "Stonefield."
Pursuant to Section 333 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed in this proffer statement, which shall be applied to the
Property if the rezoning is approved by Albemarle County. These conditions are proffered as
part of the rezoning and it is acknowledged that the conditions are reasonable.
The Albemarle Place /Stonefield project was originally approved by the County Board of
Supervisors on October 22, 2003 as ZMA 2001 -007, along with proffers from the prior owner
dated October 22, 2003, and a Code of Development prepared by The Cox Company, dated
October 15, 2003 (the "Code of Development "). The Code of Development is hereby amended
to substitute the Appendix A, attached hereto in place of the Appendix A from the 2003
document. The Code of Development includes an application plan (the "Application Plan "). The
term "Application Plan" henceforth shall refer to the Exhibit A attached hereto which is
captioned: "Albemarle Place Town Center, Also known as Stonefield, Albemarle County,
Virginia, Amended Application Plan — Full Build, Exhibit A, dated 10 -21- 2013." The
improvements proposed for the Property are collectively referred to as the "Project."
Except, as expressly amended herein, the ZMA 2011 Proffers shall remain unchanged and to the
extent that any terms, conditions and obligations contained in the ZMA 2011 Proffers have not
been fully met, such temis, conditions and obligations shall remain in full force and effect.
(Signature Pages Immediately Follow)
2
Original Proffer:
Amendment: X
WITNESS the following signatures:
ALBEMARLE PLACE EAAP, LLC,
a Delaware limited liability company
ALBEMARLE REALTY (E &A), LLC,
a South Carolina limited liability company
By: Edens Realty, Inc., a South Carolina corporation, its
Sole member
B
toi 'ea n President
3
Original Proffer:
Amendment: X
THE HAVEN AT STONEFIELD, LLC
a South Carolina limited liability company
By:
4el f %
ZL
Printed Name: � C—, "' "�"
Title:
MACFARLANE STONEFIELD, LLC
a Virginia limited liability company
U11 a
Printed Name:
Title:
4
Albemarle Place /Stonefiel.d
PIR)FFER FORM'
Date: Mareb 13, 2012
ZMA 4 2011 -00007 Albemarle Place /4tonelield
Tax Map and Parcel Numbers: 0.6:iWOt 03- 00- 019AO, 061WO- 03- 00.01.9BO (as it has been'
subdivided), 061 WO -03- 00-023(10, 061WO- 03 -00. 02400, and G1 WO -03 -00 -02-00
65.034 Acres zoned Neighborhood Model District (NMD) Vibe rezoned to Neighborhood
Model :District (NMD)
Albemarle Realty (E&A), LLC, a South Carolina limited liability canipany;is tlae owner of two
parcels of land that were subdivided from tax ,Inap Parcel 061 W0-03 -00-01.9BO, which parcels
are shown as "Lot D2 ", containing 5.487 acres, and "Lot D' )". containing LDID acres, each on::a
peat entitled ``flat Showing Subdivision of Stonel7eld, Jack Jouctt Magi.ster.ial District, Albemarle
County. YiTainia dated July 15, 20.11, last revised November 10, 2011, prepared by W.W..
Associates, which flat is of record iii the Cieik °s Ofc:eofthe Circuit Court of Albarnarle.
County, Virginia in Deed Book 4135, page 2:15 (the ``Subdivision.P.Iat ") The Haven at
Stonefield,; LLC, a South Carolina limited liability company, is the. owner of aparcel of land that
was subdivided (roan tax neap parcel 061W0- 03 -00 -0I 9BO, which parcel is shown. as `Lot L;2
contaming 7.6338-acres on the Subdivision Plat. 'For the purposes of these profFers, Albemarle:
`.Place EAAP; LLC, and Albemarle Realty (E&A), LLC are collectively: efer ed to Herein as (thee
"Owner").
Albeinaile Place EAAI',LLC,,a Delaware limited laabllzty cnly ee itpc ovlfn the
"Owner ") of tax map parcels 061 WO- 03- 00- 019A0, 061 WO- 03 -:00- 02300, 06.1.WO- 03 -00- 024()0;.
O61W0- 03- 0(1= t125M, and the residual portions offtax map parcel 061 W0- O3- 00- (l1.9BO that were
not eoilveved to either Albemarle Realty (E&A.),-LLC or The Haven at Stonefield, LLC Por "the
purposes of these proffers, Albemarle Place EAAPI :LLC, and Albemarle Realty (E &A), LLC are
collectively referred to herein its (-ie 'wOwi er ")
Tax ivagparcels 06:1WO- .03- 00- 019AU, 061'WO -0 3- 00- 02300, 061.WO -03 -00- 024.00; 061 W0 -03-
00- 02500, -and 06:1 WO.- 03- 00= 019.BO (inclu.ding the, lots created there from pursuant to the
Stbdivision Plat) (collectively, the "Property "), are the subject of -zoning mat? amendment.
application nuipber 7_,MA 2()11-00007 oi•iginally`sit.biiiitted as "Albemarle Place Proffer .
Aniendm nt," which alxl licat.io.n flame has been renamed to "Sto.nefield."
Pursuant to Section 33:3 olfthe Albemarle County Zoning:Ofdinancc ffieOwner,hereby
voluntarily proffers the conditions listed in this proffer statement. which shall be applied to the
1'rnpca ty .il' the rezoning is approved. by Albemarle County, These conditions ,axe proftcred as
part o.[ the a.ezoniag and it is acknowledged that the conditions arc reasonable.
The Albemarle Place /Stonefield project was originally approved by the COUrItN" Board of.' S'Lipervisors on Octobe • 22, 2003 as Z1V1 A'2001 -007, along with pI of'ffcrs .[ionrthe pi aor owner,
dated October 22, 200.3, and � `C.ode of Development prepared by the Cox Company bated
Origoijial Proffer:
Amendment: X
October415,2003) (NvithExhl bit A t-o the Code of Develolmientlast rovised July 8. 2010) (the
```code The Code of'Development included ail applicatioll plan (the
"Application Plaft"). The proposed l"Or the Property are collectively referred to as
The term "Owner" as r.el`erqnced.,.heroi,n shall iiicl.ude Nvithip its picaning the mvuer of record and
sUccessol's In imorest. Tlie term "ApplicationTlati" refers to .Exhibit A, ]'lie term. "Code of
Devel.olmnent"' refers to Exhibit B. 'Fhe I)i-of6crsdated October 22, 2003 that were approved with
ZMA 2001-007 were amended by proffers elated July 223), 2010 drat were approved with ZMA
2008-0003 by the Comity Board. Of SLIperVisors on AugUst 4, 2010, and by proffers dated August
5, 2011, that were approved with h ZMA 207'1 -0004 by the County Board. of' Supervisors on
September 7, 201`1. These protlers amend and supersede the proffers accepted in c6i1junction
with. the approval. of ZMA 2001-007, ZMA 2008-000 ), and ZMA 20.Jg 1-0004,
The heading of the proffers set f-bi-th below have been prepared.for convenience orr ference
only and shall not control or affect the meaning or be taken as an interpretation of any provisions:
of the proffers.
L Phasing of Improve.nient.s.: The Owner shall. phase develop inentfo.f the Pr6jecfast'61lows:
A. Phase 1: Phase I refuse Project shall be co:n posed of .Blocks A-,;B, C and D as shown on
the Application Plan, and as shown in more detail, oriHxhiMt A.-'I attached hereto ("Phase.:
1. and shall include street and. utility finprovements to serve the planned building
iiiaproveinents contained within Phase 1: As part of Phase t, the Owner shOl de§icpi and
consti iictDistric*tAv6nLie(l.briiierlvknoWl.iasA.I.bei4i.ai-lePlac BottlevardaridasFourth
Street/Cedar .'I . Road) oad)- ("District Avenue", } fronilJydrauli.c'Road. to the p6int Ah ere Distriict
Aypnue, connects with the new planned; western entrance to1he Sperrv.Nlarine faeflity, ill .t.11-
location shown.on. The Application Plan, and. as shown ininore detail on Exhibit. A-L This
first phase of District Avenue shall include all supporting utility infrastructure co swh street,
and shall beco )I.etedl)r.i,,-.)rtc)i.sstiaiacoofafilial.r-bi-fil:tcate.ofoc6tipiiityf-oraax,,,buildiii�s
wiffiinfflocks A. BP C and D. Construction of'the first pliase of 17istn*ct AVbnue shall"be
deenied: complete when. it is constructed in conformance with fhe:plans approved by
Albemarle emarle County or b the Vir ient of Transportation ("VD071'") a
Y ginia Departn s
aplAicable, and in ::any event the.County Empineer.-ha-s approved it,-J."or vehicular travel. No
more -than three hundred severity thousand ( ')70;000) 70,000) sq mu.-.e feet ofconimercial space and
one hundred seventy (170) dwelfing units may be constructed wifliln the Project until-the.
remainder of.'I)isiriet Avenue is,: constructed 10 the new glanned intersection with U.S. Route
29 as . shown on the Application Plan, the contrary contained `in
this Paragraph I A., the 0\vner shall be petmi.tted to Utilize portions of the Phase '2 hind (as
sh.p ,
ow on A-1) . r . or the e installati . on of infrastructu,re to serve the Phase I building.
iinprovenient.5 to be constructed in. Blocks A.., B, C aild.D.
B. 11hase 2: Phase 2 of"the Project shall beicotii.posed of Bloc ck s.E.-Rand G as shown on the
Applic.atioii Plan acid a.s shown in more detail on Exhibil.A-I ("Phase 2"), and shall filClUde
street mid utility inipyoVenichts to serve the planned building, i.m.1 ' )rovemelits contained within
Tlhase'2 As I et District Avenue froill. the
part ofT)hase2,, th6 0,Airier shall. desighand'on8fili
2
Original Proffer:
Anieandnrent: X
point where it connects with the new planned western entrance, to tile, Sperrl Marine facility
north and east through Bloc1« T, T= and G to the new planned intersection with I.J.S. Route 29
as shown can the Application Plan and as shown in more detail on Exhibit A -1. This second.
phase 'of District Avenue shall include all supporting utility inl:rastriicture on such street and
shall be completed prior to issuance 0-fa final certificate of occupancy'for tiny buildings
within Blocks L,1 and 0. Construction of the second phase of District Avenue shrill be
deemed complete when it is constructed ixn conformance with the plums aPpi:oved b \j
Albemarle County or by:the VDOT, as applicable, and in any event. the C.'.ou my Engineer has
approved it l:or Vehicular travel. Notwithstanditng anything to the contrary contained in this
Paragraph lB, the Owner shall be permitted to utilize portions of the Phase 2 land (as shown
on Exhibit A -1) Tor the installation of inf'rastruc'ture to serve the Phase 1 building
imp `ovements to be constructed in Blocks A, B; C and D. Notwithstandint; anything to the
conttaty contrtinecl in tiffs paragraph l I3 or, in par�igraph lA above, final ce;ti icates of
occupancy n ay be issued :for- buildings within .Blocks A, B, C, D or E beyond the threshold
levels cotn.tained in paragraph I A, provided that the Owner (i) has constructed tit least a
tennporany road (at standards acceptable to the Director of Comnnunity Developnnent)
co.rinectrng the frst'phase o1 District Avenue to the n.ew planned intersection with U.S. Route
29,.or (ii) can. demornstrate during the site plan review process; through traffic analysis
acceptable to the Director of Community Development and VDUI', that: additional traffic
from such buildings, when aggregated with the traffic generated ley the uses for whic3
certificates of occupancy have been issued for.buildings in Phase l,; will. not cruse the
Hydraulic Road /U.S. Route 29 intersection, to fall below an acceptable levrel of se t.vicne. All
final site plains for the Project that include an }= portion of District Avenue shall include a note
reserving the portion of the property comprising District AVenuc; foa' fixture dedication as a
public road; and `within silty (6U) days after written request for such dedicatioin, the Ov �ner
shall dedicate the portiorn of the propeprty c,ol# - isiilg District Avenue for- a public road. If the
puhli.c right -of way is n.ctt dcdica.tccl by s bd.i.vision pka, the Owner shall lie responsible fox•
the cost of a survey and preparing the deed to convey th.e public right -of =way to the Colony:
C. Landscape irnprovernelits and associated streetscape improvements to' serve the planned.
bu ld.izig improvements contained. within each blo& shall bereviewed at the time of final site'
plan review for each blaclG. `fhe Project shall have a cons :istentiv de' signed acid planted
streetscape.along Route 29 ancl) lydraulic Road..
2. Communi:t}r Development 1:uthorit), .Participati.on: Upon request by the County, tine
Owner shall pet.ito'n. far and consent to all tax na.p parcels: used for morn .residential ptrsposes
participating in a Conarnunity° Development Authority ( "CDA7 established pursuant to
Section 15.2 - 5152, et Reel. of the Code off Virginia ('`Code'') to be created: for the pur,•pose: of
fi nplenienting, Route .29 regional transportatiorn innprovements, irn: lud.ing. bait not l.innited to
transportation innproveri7erits within the "Super Block" (the geographical area bounded by
Route 29, fiydraul c Road, Commonwealth Drive, anal 'Greenbri,er 1)rivc) atizl .intersectional.
improvements associated thereN.vith.
;3. Cash Proffer for Route 29 Regional Transportation: The Owner will rnalce a cash
contribution tin the Couinty for• tic VIPO /291-1250 Phase 2:'R.oute 29 rey.ional tratnsportatiorn
surd r irn the amour1t off One Huiidre d''I'.laoltstirl.d Dollar$ (9i1 UU;()t)O.Ut1). The cash contribatioii
Ori?inal Proffer:
Aineridment: X
shall be inade, by the (7N�.ner within thirty (30) days upoll rUlucst by the C;oun-ty. This proffer
has been satisfied.
4. Cash Proffer for City of Charlottesville Traffic C;ahuing bilprovements: The Owner
shall contribute l'eli Thousand Dollars ($10.000,00) to the City -of Charlottesville for the
construction by the City ofiraffi.c calinino improvements on Swanson Road, Cedar Hill Road
and other City streets intersecting 1-lydraulic Road. iii. the vicinity of Stonefield , The cash.
contribution shall be made, by the C)rvner Nti,ithin thirty (30) days :upon request by the City: If
the traffic caln.ai'ng improvements are not linplenlented by October 15, 2007, all Unexpended
funds Shrill. be refunded to the ON \7nel' The City constructed the trafric calriling
unproveinents, and ]egMStCd. `tire prior owner of 'tile Property to:' pay the cgrniibuticin oil
November 9. 2005', but ti ere are no immediately available records that sucli contribution was:'
ever received by the City. Upon evidence of'prior payment of such funds that is satisfactory
to the County, the requirements of'this Paragraph 4 shall be deen.led satisfied. In the event
the Owner has not produced sucl] evidence to [lie County by Marcia. 31, 201:0, the Owner
shall contribute the l -ends to file ("it), within thirty (30) bays of a written request from the
City, provided that such `request is made no sooner than April' 1. 2011 At file time such
fields are delivere=d to. the City, the Owner shall prol"ride notice of s ell payrilellt to tile
COCL1.1ty.
5. Cash :Proffer for Cliarlottesville a=rea Transit ,( "CAT ") Commercial Corridor "Jitney.
Service ": Upon the request of -the County; the ON iaer shall contribute .l.'weilty T'llousand
Dollars ($20,000.()0) per anrnim :or an amount equal to twenty percent. (20 %) of the :annual
operating and' maintenance costs; j��hicl ever is less, for a period not to exceed five years for
operating acid /oi- niainta:inind a. dedicated ''`jitney bus" service to ,retail commercial
developin.ents. including 5tonefield., along the Route 29' Corridor: if the :CAT " jitney
ser-v :ice" is ncf placed into operation by the date of issuance of the first occ.upattcy perinit fcu
a. co.t.nn'ierci.al building in Stonefield, :then the Owner Shall contribute Seven Thousand
Dollars ($7,000.00) per annum, for a' period not to exceed .five year=s, to CAT for costs
associated v� tlr operatirl.a existing. CAT' bus ro ite(s) that provide service to Stonefield.
t. Cash Proff'e.r fi>r C=ap=ital Improvements: The Owner shill contribute. One Mill'ioi live
Huncdxed. Thousand Dollars .($1,50{,000.00) (hereii1after referred to as the "Total
Contribution",.) to the ,Count ftir the purpo se of f:u ding:. capital in pl-.oveinei is related to
Stonefeld: The contributioii shall be paid as follows (a) 'Fhree Hundred and Seventy Five
l :'housand Dollars ($ 375,000.00) :shall :be,, eontidb.uteci., to the County within thirty (30) days
alley the first >final site plan 'car, subdivision plat cOntainind residential dwe.11iiig units li-
approved 'lor Stoilelield (b) an additional Three �Jundred aiad Severity Five Thousbind.
Dollars ($375,000:00) of't'he total Contribution` shall. be contributed to the County prior'to th=e
issuance of.'a certificate Of'Occt.ilaaRGY ;bor the first residential dwelling unit in, Stbriefield, and
(c). fife ,renlaii ng, Seven. llunc -d C�i-f :ty Thousand. Dollars .($750,000.00) of the Tatar
Contribution shall. be paid on a pro rata basi=s of Threo ".rhousaild lla.11ars ($3,000.00) per
residential dwelling uliit at the tiane c'e] tiftcates cif:` occupancy are issued :lb - :the f -st two
hundl•ed f fly (250) dwelling unit's. No acditional cora.iribution. shall be recltiired for the next
t)Ao hulidred f=ifty (250)' dwelling units.
4
Ori >ginal.Proffer:
Anlendinent: X
If, five (5) years froln the date of •approval of" the first final site plan or subdivision. plait for
residential dwelling units, the 1.'otal Contribution has not been fully paid, the balance of the
'T'otal Contribution shall be contributed to the County within thirty (30) clays upo request by
t:he Count). Il this ftind leas not been exhausted by the County :for the stated pLupt�sc �- vitlziii
five (5) years fi:orn ilic elate the last contribution is made, all. Linexpeiided funds shall be
refunded.to the Owner..
IIl addition to the foregoing, after building permits have been issued for the fiI'st -five hundred
(500) dwelling units within Stonefield, the (honer shall -pay to the County "Three Thousand
Dollars (:$3,000.00) prior to the issu�ince of a building pi riiit for: each new residential
dwelling unit thereafter.
7. Construction of Frontage improvements on Route Zvi and Hydraulic Road: At its
expense; the Owner shall plan, design, bond and construct travel. lade iniprovenaents to be
dedicated for public use on its TIydraulic Road and Route 29 -rontage.. The design shall: be
submitted with the first site plait .for the initial phase of Stonefield. The subject frontage
improvements are depicted by Exhibit F, "Short Term Route 29 Transpoitann
Improvements. The County play require these improvements to be completed as a
prerequisite to the issuance of any certificates of occupancy. The coilstruttion of the subject
improvements shall be deemed complete whei. they arp constructed in con-rorn ance with the
plans approved by VDO f and opened to public use as approved by VDOT:
8. Construction cif. Off-.Siw Improvements: Upon regL est by .tl e County or as provided
herein, the Owner shall plan, design, bond and construct off -site transportation improvements
in the ;County and the City*, as depicted. on I :Yhiblt F., "Short Term Route 29 Transportation,
Improvements ". if the i.inprovements are .required to be constructed, the C "ount% may require
these improvements to Iie completed ,as a prerequisite to t11e issuance of �izy ceitifYcateS of
occupancy:..Construction_shall be deemed complete when the improvements are constructed,
in eonforinaiice with the plans approved by VDOT and opened to public. use as approved by
NrD OT.
A. Off -site. iinprovenlents in, the County at the Nortfiw6t Quadrant of tbb
Hydraulic Raad /.R'oute. 29` Intersection. The engineering, }flats and. construction 1.
docurnents .for :off =site'imprt vements in the County shall be submitted. writh the first final
site plan for Please 1 of.Stonefield.
, Off -site linprovenxents in the City, at the Nort1' Least Qua rant of'the Hydraulic
Road/Route 29 Intersection (t>uinbere=d items 4 And.11 on Exhibit T'). The Owner shall
.submit the engineering, '}flats and construction documents (the ":1 ?laps ") lbr ihe
miprbven�.ents in the City o:f CbailottesVille ic> th'e City of C:hailottesv.ille by January 1. 1,
201.2. The Owner shall diligently pursue approval of�the Plans in the City. If'thc City dries
not approve the Plans by July 11., MI. 2, the Owner sli:-All not be required by' this px:offe.r to'
. ovals have ot COlstlLet any.i111)IQe1e1tS fUl V77C1 al)pi n beeI1 Obtiill].ed. The Qw.ner shall
not be required by this proffer to acquire or otherwise pay for right. of way in the City :tor
these ini.provenients.
5
C)ri�,inal Proff'em
Amendlileiit.: x
If the improvements are :rce:Iuired to be constructed, the C:)wnei- shall complete
construction of the inaprovenlents ;iixr � \-hide right ol.way is available within twelve (12)
inoi the after Mlle i.5suaitce of ilxc First c crtilicate of occupancy within Stonc:iae.ld.
Construction shall be deemed cornplete when the inaprove Tents are constructed in
conldrlllance with the pltuns approved by VDO'.l" and opened to public use as approved by
VDOT.
This Paragraph 8(11) is subject to the terns of Paragraph 14", "Substituted 17'ransportation
Improvements."
9;. Reservation and De-diuition of laad for Regional Route 29 acid nydraulic Road
Intersection Improvements: `l"he Owner shall reserve. for the fu' tore dedication to the
Colllmon weal th of `Vi.rgin a certain land m . :the Property in, the County 156r ,certain short- terill.
transportation 1t11prove.tueilts for the Route 29 and Hydraulic Road intel-section (the. '*`Short-
Term Route 29 /Ilydraulic Road I'mprovernents "y as follows (a) the land shown as "Parcel A
6,511 S.1'." on. the plat of Dirk :Eluglles` and Associates dated. Marcel. 3, 2009, East revised'
March 25, 2010, which plat i5 attached, hereto as Exhibit H.- and (b) any portions of the
parce:Is shown as "farce) One Future Right of Way 1,:117 S.F. ," ``T'aiccI Two Future Right or
Wa 9;079 S.F. "Parcel Four Future Right of Way 1;660 S.F.," and "Parcel Five l Future
IZ ,.t o.l,- Way 790 S. .;" oil the Official Map adopted. by the County on
December ?, 20U�, a
copy of which Official Map is attached hereto as Exhibit 1, that arc required by VDoT for
the Short= :Perm Route 29 /Hydraulic Road lmproverneilts (ce llectively the ` Short 'l. e1-r11
Itnpraveinzrits Declica )
tiotl Area" , provided, however. that the subdivision Flats depicting the
Short- `Merin 'Improvements 'Dedication: Area are subject 'to final app -ot.a.1 by the County
Dma tment of Community Developniemt and that the I precise boundaries and size of the
Sllort F rip.1nlprovenlents Dedication hrea may be adjusted accordingly.
The Owner shall dedicate the Short-Term. Improvements I�edicatioll. E�iea to tl:re
Coln,rnonwealth of Virg nia .ill. fee simple by Oc:[Dber'l, 2 ° 010, o within. thirty (30) days after
the County approves the. subdivision plat necessary: to dedicate the :Short -Tern?
Iiill3rovtnielits Dcdicatic)ri Area, llichcv er is first to occur; In addition lb the ded ca:ti6ri of
the Short -Term Improvements Dcdicatioll Area, 'the Owner shall dedicate and convey all
necessary .drainagge acid constructi.oli, easements for the Short - Terni. ROLIte 29 /I1-ydradlic Road
Iillpi'oVe111e11tS. if flee ;.h(11 t- l i'In .1,111prove.111L11ts Dedicatlo11 I�tC'rl 15 11C)t CIC'dlGiited and
conveyed as hart of a subdivision: plat. the OwTle -j- shall. pay rill costs of surveying and
preparing legal documents in a: f6rili, acceptable to thc' ()1 ice of the Attorney Gerr.e.ral
necessary to dedicate and convey the Short -Terns Improvenien1s Dedication Area. :land:
!1L`ter ded:icaticin and until the subject regional trai sportation improv nisi is arc funded cI for
coi. struction, the Owner shall., at the regticst of the Co ity, and with the consent of tb.e,
Commonti�,fealth.. of V irginia, mahitriiri. the Shoit 1 e:.i p Iinprovellients Dedication Area ]arid
until ;requested by The County to no longer do so provided the is granted the right to
the exclusive use ,of the laird for 1andscaped ripen space, a pocket park, t.enipmary }larking)
lemitlb, signa�e, utilities or other purpose as .1na•y he approved with the final: site plan. for the
first phase of St.onefield. Upon being requested by the County to no longer maintain. the
6
Original Proffer:
Amendr.ner.rt: x
land, the (7wne.r shall cease all use of the land and remove all improvements established, by
the Owner that the County requests he removed.
In the evcht drat the: adopted design for future public 'intersection finprovoments does not
repire the utilization of all of the Shout- 'P ernr Improvements Dedication Area hind, upon the
ON,vi7er's request, the residual portion of the dedicated land shall be transfeI'r6d :to the Owner
at no expense to the 01NNner. the deed(s) of dedication for the Short- 'Perril Improvements
Dedication Area, may provide for such :Con di.tion.s.,
1.0. Reservation and Dedication of Additional Land for Route 29 and hydraulic Road
lntex•section tinpi'ovements: The Owner shall reserve °1'or fut re dedication to the County,
subject to the conditions herein below, certain additional land on the Property for the right of
way for future Hydraulic Road and Route 29 related regional transportation i..nnprovenlents
(the "Long -Term Route 29 /1-i:ydraulic Road :linprovenlerits ") as follows; (a) the area shown
as "Parcel A1.1,432 S.F ." on 'Exhibit H; and (b) any portions of the parcels shorn on Exhibit
I that were not previously dedicated to the Common V�u ginia for the Slror t: 'I'enaa
Route 29 /1- lydratilic Road fmn provements pursuant to the Paragraph 9 herein (collectively, the
"Long -Term In.iproveinents Dedication ��rea ") `pr'ovided, however, that the subdivision plats
depicting the Long- Teriit improvements Dedication Area ai�e subject to final. approval by the
County Department of Cornrnunity Development and that file precise l�ouri.daries and size of
the Long -Term Jmprm ernents Dedication Axea.rnay .be ad listed accordingly.,
The Owner shall dedicate the Long -Terra ltnprovenients Dedication Area to the County
within :ninety (90) days after the County's request fvr such dedication, and such dedication:.
shall include the dedication and conveyance of all necessary drainage and construction
easements for the LoraTenor Route 29/Hydraulic Road Im' provernents. If the Long - Tenn
IImprovenients Dedication. Area is not dedicated and conveyed as part of .a subdivision plat,
the Owner shall pay all costs of - surveying and, preparing legal documents in a fornn
acceptable to the County Attorne y's Office necessary to dedicate and convey tl>e Long= Perin
I ;mprovements Dedication.Area.
Until the <ong= Tertii Improver dents Dedication Area ''and is cledi.cated,. tlne Owner shall
maintain the l.alnd and, shall retain the right. to the exQlusi ' e use of the land 'ion landscaped
open space; a pocket paik, tgmporary parkin.,, fencing., irt.i:lities or other purposes as play be
approved with the first final site.plan. for .Phase 1 of'Stoilefi.eld.
The conditions on the subJec:t reservation and dedication shall be as :follows:
(a) lathe event that the adopted design. Tor future ptrb.hG intersection in provernents does not
require the utilization of a:l.l.. of the Long- Ter.ni Iraprovenie,nts Dedication. Area hind, upon
request of the Owner the residual. portion shall. be released by the County from dab
reservation or, if the bind lies been dedicated; u'port,r� quest of the Owi er title shall be
transferred back toy ;and for the use, of, the owner.at.no expense to Owner, "]'he deed(a)
of dedication fior ti e T onE 'Perna. Improvements Dedication Area. nnay provide for such
Conditions.
7
Original Proffer:
Aniendillent: X.
(b) The design and construction of the Lon; - "Peril Route 29/1-lydraulic Road 1-niproverilent:8
-hall substantially maintain the access, function, and continuity of service of file planned
intefsectIon of Swanson R.oad (E. xtended) and existing I-ly-drautic Road into Stomfield zit
the location of the existing, Swanson Road and Hydra:ulic Road intersection-, otherwise,
this proffer becomes null, and void.
fl. Signalization of IlYdratilic Road and Route 29 Intersections: The Owner shall be.
responsible
A. ]'lie Owner at its expense shall. engineer, bond, and construct traffic , si.gnalization
1-11.1provellibilLs at. the intersection of District Avenue and I-l'ydraUliC Road'.' "I'lie traffic
si,,2 I natizatio.D. . i I japrovements at this . intersection sliall be constructed when. the Coui - ity or
VDOT request installation of Such, but in apy event prior to the issuance of certificate of
occupancy for any building in Blocks A, B, C or D, provided that such signal.. iswarranted by
theIraffic volumes or is otherwise approved by VDOT..
B. Owner at its expense shall enghlzer,-bond and construct traffic ,sigma lization
improvements at the intersection' of District Avenue and U.S. Route`29. I'lle traffic.'
sianalization. improvements mprovenient's at this 'intersection shall be construcf6d,w.-heii the County or
VDo,r request installation: of such., but any event prior to.the issuance of a,certificate of
occupancy; for any building; in Blocks E, F or G, provided. that.:such signal is warranted by the
traffic volumes or is otherwise approved try '*VD0'
F, provided that such signal is:warrailted by
the traffic volumes or is otherwise approved by VDOT.
12. Conimon8vealth Drive C'Onnectioni Upon, demand of the Cowitv' but rio earlier than the
issuance ofa building hermit for any building Nvithin Block F, 0 the wile, r sliall reserve ri cy t
of-wav alono-Ahe northern edge of.tbe parking lot. in Block. F of the Property fora, I:.utLn.-e
street connection to Common-wealth Drive through the "Coniclial.Property" (TM 6INV-3-1 8.);
The ftitw.-e connection will be a two lane facility...
Upon the reqiiest f the County. W,
0 .theO ner shall eiigiii�er.'borid anti coiistfi.ict both tli*eon
site arid the off -site portio.m offhe connection to cm the "Com.dial
Property" provided that easements and acquisition of ight-ofwway as inay be necessary f
such consta-uption: or the connection tbrough oft site Properties for this h-nproverri.ent have
been granted. at.. no cost to the Owner, and the request f0l'S such connection through the. off-site
property-is ni,,ade by the CounN prior to October] 5, 2020. Upon the .request ofthe, Count'-w.
the connection shall be com.
pleted by the Owner within twelve (12) ,montlis friorn the date of
satisfaction of the conditions asset foi-thabove.
The Owner shall reserve land and orant
.13. Other "Super 'Block" Street Connections; In , ,
construction and permanent access easements or righrof way at no eNpense to the County.-for
the purposes of future construction ,(by others,) Of intCl'7.parc.el, street connections withili. the
"Super Block:" at the Ulowing locations- Floustoll Street (Formerly kriown as First Street)
(to )xest to Blackbird Lane (formerly known as"Ehird: Street). (to west
to C'onimonivealth: Drive), 'District Avenue (formerly knoxil as Cedar Flill Road Extended)
(ill BI0:61-,-. F north to "Corlidial Prope:rty"), Disftiet.Avenbe (fbrmertv knovm as Fourth Street)
Original Proffer:.
Amendment: X
(between. Blocks:F and G north to "Corndial Property "), Swanson Road Extended (to nort.l.i_ to
":Sperry Property ") and at two additional .locations into Sperry Prol)erty.
The locations -for easement or ribht of way reservation and dedication are as generally
depicted on Exhibit A and labeled thereon as "future Extension." :However, the locations
and nuinvers of such inter - parcel street connections may be modified by the Owner upon a
variation granted by the County Planning .Director. These easement or right off way locations
shall be ,identified, platted and dedicated at the ;request of the County in, coi iunct:ion with
subsequent site plan applications for'Storrefield.
14. Substitut&I I'r ;Ynstro� tatiirir :I:mZaro� einenis.
A. In. lieLr of constructing the improvements referenced, in Paragraph 8(B) herein, which
Paragraph 8(B) refers to certain off -site iniproveniez is in the City of Charlottesville at the
northwest quadrant of the Hydraulic Road /Route 29 intersection, and also other
improvements along the City side of Route 29 between Hydraulic Road and Greenbrier:
Drite, which improvennents are collectively )hereinafter rcferredto as the "Palagraplz 8(B)
Inlproveru.ents ", the Owner: may elect, in its sole discretion, and oiz the terms and conditions
contained in. this Paragraph 14, to contribute cash to .the City for certain .transportatiotl
improvements in the City )mown as the "Rte. 29 /250 Bypass Interchange Improvement
Project" identified as VDOT and City, project number 0029 - 1.04 -248 (the "Substituted
Improvements Project ") ;:
B. in the event the Owner elects to contribute ite cash toward the Substituted Improverrftents
Project (the "Owner's Contribution ') in.lieu ofconst uctfing the ParagralJh 8(B) I.
Improvements, the following terms shall apply:
1. The Owner shall notify the County's Director of Conirnunity Devvc ;lopment :(the
"Director ")
in writing of�fits election within sixty (Ca0) days after the approval of the first final
site plan for Phase l of Stonefield,(the "Notice "). The Owner shall also send a copy of the
Notice to the City Development Services Manager at the same time it is sent to the Di ectdr:
2. The.subrnission of the Notice to the Directory shrill suspend the deadline for the Owner
to submit the .f fans (as `I"lans" is defined in: Para grapli. 8(I3)) to the Cr.ty, if;appl..icablc.
3. Tl e amount; of the Owner's -Contribution tribution to the Substituted I:mproveinents PrQIect
shall be subject to a written agreen .ent between the '()wrter and tlhe City (the "'City
Ag c me r1t "). Within ten (1()) days after ful`I execiuti* n of t ie City Agrecmerrt, tlrc Owner`
shill ,provide a copy of the: City Agreement to the Director.
4. `Within..six (C) months after the Notice is sent to the Director, or within sixty (60) days
after execution ol'th.e. CityAgree.nieut, whichever is .'later to occur.. the Owner shall contri.bst:te
a portion of the Owner's C.ontribUtion to the City in the arnownt of One Million :Dollars
($1 A0,00'0), less any amounts credited by the City and VDOT to the Owner for planiiiirg
and design work oh the Paragraph 8(B) Improvements (the ",Net ("'ontribution "): `Fhe`Net
Contribution may be in the :fi:rrria of cash or a letter of.credit issued by a bar.rlc approved by the
0
Original Proffev
.Amendment: x
City. ora combination thereof. J."he City lunvenlent shall set rorth the terms of and schedule
5
for draw dON,%,n ofthe Net Contiibotioll.
15, In the event, that the SUbstittited Improvements Project is terminated, or has -not.
otherwise been completed. (as described herein) within thirty-six (36) Months after the City
I eceives the Net ContribLitiori (which thirty-six ('16) month period may be extended by
IllLittial agreenlent ofthe Charlottesville City Manager and the Albemarle County Executive.),,
and LIP611 the City's reft'lildilIg Ofthe Net Contribution to the Owner pursuant to the City
Agreement, the Owner shall forward funds equal to Five Hundred Thotisand. Dollars
)00,000) to the Coinity for funding transportation improve.inents in the vicinity of the U.S.
ROLI[e 2,9/1-1ydrau.1.i.c Road intersection identified in the County's Capital. InlProvemerits
Program. In the event it such funds have not been expended by the County for the stated
pin1pose Within tell (1.0) years from the elate the funds were contributed to the County, all
unexpended funds shall be refLinded to the Owner, Construction of the Substituted
Improvements Project shal.1 be deemed complete when the improvements are accepted by the
appropriate public ei.itity or are bonded ;for the entity's acceptance.
C. Notwithstanding.the provisions of Paragraph 14 (B)(5 11 ipt
)'fierei , upon t' e'City's rece
of the Net -Cont ' ribution, tl ' ic Owile.r shall be relieved, of any:obligafion to construct. the
Paragraph 8(B).hnprov.-cinents.
(Signature Pages 'Im in
g, ediately Follow).
1.0
Original Proffer:
Aniodi-nent: x
W(TNESS the FOIJOWillg Sif�,)IMUII'M
AL13EMA]ZLE PLACE EAAPLLL,
a Dela-ware limited liability company
U
,(Jcoidi%+W. McLean, President
ALBEMAIZLE REALTY (E&A), LLC,
9 South Carolina limited liability coif puy
By: Edens Realty, Ind., a South Carolina C*oq)ora6on its,
'
Sol& member
Jo ie W. Tv1'cLe an, .Prcsid.en't
15697wo 5.ppc
158970105.;DOC
Original Proffer:
Amendinciat: x
THE HAVEN AT STONEFIELD, LLC
a South Carolina limited liability compariy
By:
Printed Name:
Titie:
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