HomeMy WebLinkAboutZMA200500003 Action Letter 2010-04-22O® 1
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
March 19, 2010
Missel, Fred
P.O. Box 400218
Charlottesville, VA 22904
RE: ZMA200500003 UVA Research Park - North Fork
SP200800015 Parking structures; SP200800062 Laboratories, medical or pharmaceutical;
SP200800063 Supporting commercial uses; SP200800064 Hotels, motels, inns
Dear Mr. Missel:
On March 10, 2010, the Board of Supervisors approved, by a vote of 6:0, each of the above noted
petitions located on Tax Map Parcels 32 -18 and 32-18A; 32 -6A, 18B, 32 -19C, 32 -19D, 32 -19E, 32 -19F,
32 -19F1, 32 -19G, 32 -19H, 32 -191-11, 32 -191-12, 32 -19J, and 32 -19J1.
Regarding ZMA200500003:
This rezoning from RA to PDIP and amendments to the existing PDIP zoning was approved in
accordance with the attached proffers dated February 22, 2010 and the attached application plan /plan of
development dated February 2, 2009 with Exhibit A of the application plan dated July 6, 2009. Please
refer to these documents for any future applications and requests on this property.
Regardinq SP200800015 Parking structures:
This special use permit was approved with no conditions.
Regarding SP200800062 Laboratories:
Please reference Zoning Ordinance § 27.2.2(1), Laboratories, medical or pharmaceutical. This special
use permit was approved based on the following conditions:
1. Laboratories shall be subject to Section 4.14 Performance Standards of the ordinance and a
Certified Engineers Report is required pursuant to Section 4.14.8 of the Zoning Ordinance; and
2. Laboratory buildings shall not be less than 30 (thirty) feet from the perimeter buffer areas to
adjoining properties not located within the development, unless modified by the Director of
Planning.
Regardinq SP200800063 Supporting commercial uses:
Uses not to exceed a total of 110,000 square feet of floor area; please reference Zoning Ordinance §
27.2.2(14), Supporting commercial uses. This special use permit was approved based on the following
condition:
In addition to proffered limitation not to exceed five (5 %) percent of total floor area, commercial
uses shall not exceed ten (10 %) percent of total floor area at any time during phased
development.
Regarding SP200800064 Hotels, motels, inns:
Uses not to exceed 190,000 square feet of floor area; please reference Zoning Ordinance § 29.2.2(2),
Hotels, motels, inns. This special use permit was approved based on the following conditions:
1. Not more than one (1) hotel, motel, or inn shall be permitted. Such hotel, motel, or inn shall not
exceed 250 lodging rooms; and
2. Conference facilities (other than those as may be provided by individual occupants) shall not be
required to locate internal to nor on the same site as the hotel /motel /inn, but total gross floor area
of lodging and conference facilities shall not exceed 190,000 square feet.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property as approved above may lawfully begin until all
applicable approvals have been received and conditions have been met. This includes:
• compliance with applicable PROFFERS;
• compliance with conditions of a SPECIAL USE PERMITS;
• approval of and compliance with a SITE PLAN(S); and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above -noted action, please do not hesitate to contact
Sherri Proctor at 296 -5832.
Sincerely,
01
V. Wayne imber
Director of Plannirn
Cc: University Of Virginia Foundation
P O Box 400218
Charlottesville, VA 22904
Email Copy:
Tex Weaver
Chuck Proctor (VDOT)
Steve Allshouse
Sherri Proctor
Sarah Baldwin
Real Estate
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
March 1, 2010
Missel, Fred
P.O. Box 400218
Charlottesville, VA 22904
RE: ZMA200500003 UVA Research Park -North Fork
SP200800015 Parking Structures; 200800062 UVA Research Park - Laboratories, medical,
Pharmaceutical; 200800063 UVA Research Park - Supporting Commercial Uses;
200800064 UVA Research Park - Hotels, Motels, Inns
Dear Mr. Missel:
The Albemarle County Planning Commission, at its meeting on February 16, 2010, recommended
approval of the above -noted petitions to the Board of Supervisors.
Action on ZMA- 2005 -003:
By a vote of 7:0, the Planning Commission recommended approval of ZMA- 2005 -0003 UVA Research Park -
North Fork with the changes to the proffers for clarity prior to the Board of Supervisors public hearing.
Action on Modification to Setbacks:
By a vote of 7:0, the Planning Commission approved the setback modification to Section 26.6 to allow a
setback reduction to allow for buildings, including those exceeding 35 feet in height, to be reduced from 50
feet to 10 feet along public roads, including Airport Road and Lewis and Clark Drive.
MOTION ON ALL FOUR SPECIAL USE PERMITS
By a vote of 7:0, the Planning Commission recommended approval of all four special use permits (SP -2008-
00015, SP- 2008 - 00062, SP- 2008 -00063 and SP- 2008 -00064 UVA Research Park - North Fork concurrent
with ZMA- 2005 -003 subject to the conditions as recorded in the staff report as noted below.
SP- 2008 - 0015 - Parkina Structure- APPROVED WITH NO CONDITIONS
Conditions on SP- 2008 - 00062 - Laboratories, medical or pharmaceutical:
1. Laboratories shall be subject to Section 4.14 Performance Standards of the ordinance and a
Certified Engineers Report is required pursuant to Section 4.14.8 of the Zoning Ordinance.
2. Laboratory buildings shall not be less than 30 (thirty) feet from the perimeter buffer areas to
adjoining properties not located within the development, unless modified by the Director of
Planning.
Conditions on SP- 2008 - 00063 - Supporting Commercial Uses:
1. In addition to proffered limitation not to exceed five (5 %) percent of total floor area, commercial uses
shall not exceed ten (10 %) percent of total floor area at any time during phased development.
Conditions on SP- 2008 - 00064 - Hotels, Motels, Inns:
1. Not more than one hotel, motel, or inn shall be permitted. Such hotel, motel, or inn shall not
exceed two hundred fifty (250) lodging rooms.
2. Conference facilities (other than those as may be provided by individual occupants) shall not be
required to locate internal to nor on the same site as the hotel /motel /inn, but total gross floor area
of lodging and conference facilities shall not exceed 190,000 square feet.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on March 10, 2010.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296 -5832.
Sincerely,
Rebecca Ragsdale
Senior Planner
Planning Division
cc: University Of Virginia Foundation
P O Box 400218
Charlottesville, VA 22904
PROFFER STATEMENT
UNIVERSITY OF VIRGINIA RESEARCH PARK
Date: February 22, 2010
ZMA- 2005 -003 UVA Research Park
Tax Map Parcels 32 -18, 32 -6A, 32 -18A, 32 -18B, 32 -19C, 32 -19D, 32 -19E, 32 -19F, 32 -19F1, 32 -19G, 32 -19H, 32-
19H1, 32 -19H2, 32 -19J, and 32 -19J1
30.56 Acres to be rezoned from Rural Area (RA) to Planned Development - Industrial Park ( "PDIP ") with proffers
534± Acres to be rezoned from PDIP to PDIP with amended proffers
All of the parcels identified herein are part of ZMA 2005 -003 and subject to these proffers. In the aggregate, these
parcels compose the "Property," which is described with more particularity on the exhibits filed with the Application
Plan dated July 6, 2009, prepared by Cline Design and attached hereto as Exhibit A (the "Application Plan ").
Tax Map and Parcel Numbers 32 -18 and 32 -18A are owned by The University of Virginia Foundation and comprise
approximately 30.56 acres identified as Tract 1 on Exhibit J of the Application Plan. Tract 1 is rezoned from RA to
PD -IP under ZMA 2005 -003.
The following parcels comprise the lands that were rezoned under ZMA 95 -04 to PD -IP, as amended by ZMA 1998-
27:
Parcels owned by the University of Virginia Foundation: 32 -6A, 32 -18B, 32 -19D, 32 -19E, 32 -19F, 32-
19F1, 32 -19G, 32 -19H, 32 -19H1, 32 -19H2, 32 -19J, and 32 -19J1.
Parcel owned by other entity:
TNT 32 -19C, owned by 1641 Edlich Realty Co LLC
A portion of parcels 32 -18 and 32 -6A were also affected by ZMA 2005 -002, which involved the development for a
County fire and rescue squad station. This station is located on what is now identified as TMP 32 -18B.
These proffers incorporate and modify as appropriate the proffers accepted in conjunction with ZMA 1995 -04 and
ZMA 2005 -002 and supersede those proffers as they apply to the Property (no proffers were associated with ZMA
1998 -27). The development of the Property authorized by ZMA 2005 -003 is referred to as the "Project." For the
purposes of these proffers, the University of Virginia Foundation is referred to as the "Owner" and the "Applicant."
The term "Road A" as referred to in these proffers also means "Lewis and Clark Drive" as referred to in some of the
exhibits.
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone
the property subject to ZMA 2005 -003 to PDIP as requested, the Owner shall develop the Property in accord with
the following proffers pursuant to Section 15.2 -2303 of the Code of Virginia, 1950, as amended, and pursuant to
Section 33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of the
requested rezoning, and the Owner acknowledges that the conditions are reasonable. If rezoning application ZMA
2005 -003 is denied, these proffers shall immediately be null and void and of no further force and effect.
I.
II.
III.
REZONING APPLICATION PLANS AND ILLUSTRATIONS
Plans and Illustrations. ZMA 2005 -003 increases the permissible square footage on the Property to
3,700,000 square feet gross floor area. The Application Plan is a graphic depiction of the proposed
development.
OWNERS ASSOCIATION AND DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
Proffer II from ZMA 95 -04 has been satisfied. The Declaration of Covenants, Conditions, Restrictions and
Easements is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed
Book 1819, page 434. A Supplemental Declaration of Covenants, Conditions, Restrictions and Easements
is of record in the aforesaid Clerk's Office in Deed Book 2085, at page 696. Upon approval of ZMA 2005-
003, the Applicant will record in the aforesaid Clerk's Office an instrument to extend the Declaration to
those portions of the Property that are not already subject to the Declaration.
GROSS FLOOR AREA TO BE DEVELOPED
3.1 Total Buildout. Total maximum square footage to be developed within the Project shall not exceed
3,700,000 square feet gross floor area, excluding recycling centers, picnic shelters, fire and emergency
response station(s), office trailers for temporary use during construction of permanent structures, small
(not to exceed 1,500 square feet gross floor area per building) storage buildings, and structures
included as amenities within Common Areas (collectively, the `Excluded Areas "). The total gross
floor area within the Project which may be constructed in any one year shall not exceed 200,000 square
feet beginning in 1996, in addition to any accumulated undeveloped square feet of gross floor area.
IV. STORMWATER MANAGEMENT AND WATER 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 their crossings, and pedestrian and riding trails, Tracts 1
and 2 as shown on Exhibit J, and only to the extent such exceptions are permitted by County
ordinances and regulations.
4.2 Stormwater Management Plan. The Owner has provided an overall Stormwater Management Plan for
the Project, incorporating the applicable drainage sheds on the Property. Applicant's implementation of
the Stormwater Management Plan includes those modifications that comply with design and
engineering standards necessary for approval by the County during the site development plan review
process for Project development.
4.3 Wetlands. Wetlands, as defined in the wetlands study submitted by the Applicant and on file with the
Albemarle County Department of Community Development but not including those wetlands in Tracts
1 and 2 as shown on Exhibit J, shall not be disturbed in the Project except for the installation and use
of roads, permanent retention ponds, utilities and walking trails, or any other uses approved by the
County after obtaining all necessary federal, state and local permits and approvals.
4.4 Water Conservation. No single industrial or commercial user which proposes a use that will require
more that 125,000 gallons per day (average daily consumption) of potable water shall be constructed
without obtaining County approval. The County shall consider whether to approve such a user through
the same procedures as required in an application for a special use permit (including the same notice
requirements, public hearings, and Planning Commission review as in the process for considering a
special use permit). The County's approval shall be limited solely to issues of water usage and must
include a finding that sufficient capacity exists to support such a user. The County's approval may
include reasonable conditions relating to water usage.
V. TRANSPORTATION
Applicant will construct new roads in accordance with the Application Plan as provided herein.
5.1 Internal Road Network. Applicant has and shall provide vehicular access within the Project by an
internal road network generally in the locations shown on Exhibit L: Internal Road Network Plan (the
"Internal Road Network "). Applicant shall design, construct, and install signs and signalization for the
Internal Road Network in accordance with minimum standards of the Virginia Department of
Transportation ( "VDOT "), unless VDOT approves a lesser standard at Applicant's request. The
exact location of roadways depicted on Exhibit L shall be subject to adjustment during the subdivision
plat /site plan approval process.
5.2 Road Construction Standards.
A. All internal roads which serve an area submitted to the County for site plan approval, (and
other Internal Road Network improvements which VDOT and the County reasonably
determine are necessary for safe and convenient access to such area) shall be constructed or
bonded for construction and dedicated for public use, for acceptance into the state highway
system at the time of recordation of the final subdivision plat for each applicable area or at the
time of issuance of a certificate of occupancy for development under a site development plan.
B. The Owner shall construct the Internal Road Network in phases as described in Section 5.4
herein and shown on the Application Plan. Before issuance of certificates of occupancy,
however, the Owner shall complete that segment of road which serves the building for which
a certificate of occupancy is sought with at least the base and one (1) layer of plant mix
asphalt.
5.3 Phases of Development. The following schedule shall apply for determining the timingc> of road
improvements set forth in Section 5.4 below:
PHASE I
Land Use (note])
Maximum
Cumulative
Build -out (note 2)
Maximum Build -out to be
635,000
accessed by Road A (all uses):
Support Commercial to 85,000 (note 2)
Maximum Build -out to be
345,000
accessed by Rt. 606 (all uses):
General Office limited to: 120,000
Support Commmercial limited to: 25,000
Maximum Total Build -out, Phase I (all uses)
980,000 (note 3)
Not more than 180,000 square feet gross floor area shall be constructed within Tract 1 and Tract 2
as shown on Exhibit J during Phase I.
PHASE II
Land Use (note 1) Maximum
Cumulative
Build -out (note 2)
Support Commercial: 110,000
Hotel /Conference Center: 190,000
All Other Uses: 1,268,000
Maximum Total Build -out, Phase II (all uses) 1,568,000 (note 3)
i
PHASE III
Land Uses (note 1) Maximum
Cumulative
Build -out (note 2)
Support Commercial: 110,000
Hotel /Conference Center: 190,000
All Other Uses: 3,400,000
Maximum Total build -out, Phase III (all uses) 3,700,000 (note 3)
(1) Note: The use categories in the charts above shall have the following definitions for the purposes of this
Article V: "All Other Uses" shall mean those uses other than Hotel /Conference Center and Support
Commercial permitted within the Project as delineated the Land Use Matrix on Exhibit K to the
Application Plan. "Hotel" shall have the definition set forth in the Albemarle County Zoning Ordinance
(the "Ordinance "). "Support Commercial" shall mean those uses listed on the "Non- Residential Land
Use Guidelines" Table, Village and Neighborhood Service Areas, Typical Primary Uses Section, in
Section 9.0 of the Ordinance as well as the following uses: copy centers, florists, newsstands, pipe and
tobacco shops, barber and beauty shops and tailor shops. See the Land Use Matrix on Exhibit K of the
Application Plan.
(2) Note: Total gross floor area, in square feet.
(3) Note: Nothing contained herein shall restrict Applicant fiom altering the mix of land use types
within any Phase of development in accordance with the Application Plan.
Applicant proffers that the total build -out of Hotel, Support Commercial, and All Other Uses for any given
Phase shall not exceed the gross floor area limitations shown in the charts above in this Section 5.3.
5.4 Proffered Road Improvements. Applicant shall design, construct and /or contribute for road
improvements in phases. Road improvement proffers in this Section 5.4 shall not include dedication of
land unless expressly provided for herein. All construction by Applicant of offsite road improvements
shall be conditioned upon the County or VDOT obtaining required right -of -way (if such right -of -way
is not owned in fee simple by Applicant), unless expressly provided herein. So long as Applicant is
ready, willing and able to construct an improvement as provided in these proffers, even though the
necessary right -of -way is not available (and in the instances in which Applicant has proffered to
acquire right -of -way, and the Applicant has made good faith efforts to acquire the land necessary for
such right -of -way) Applicant shall not be precluded from developing the approved density build -out
under the applicable zoning, unless the improvement is otherwise required by applicable regulations or
ordinances. Unless an earlier time is required below, the road improvements described in this Section
5.4 for each applicable phase shall be completed or bonded, or contributed for (as set forth below),
before constructing each phase's Maximum Total Build -out as set forth in Section 5.3.
Notwithstanding anything to the contrary herein, in addition, for property acquisition that is required
for the off -site public right of way for construction of the improvements by this Section 5.4, Applicant
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
appraisal prepared for acquisition or condemnation purposes. If the cost of the right of way acquisition
exceeds the amount previously contributed above, then Applicant shall reimburse the County all such
excess costs within thirty (30) days after request by the County. The County shall refund to the
Applicant all excess contributions upon completion of the land acquisition.
A. Applicant shall satisfy the following Phase I road proffers before the Maximum Total Build -
out, Phase I (as shown in Section 5.3 above) is constructed or earlier if (i) specified in this
Section 5.4 (A), or (ii) a need is created by such development and is demonstrated by a traffic
study prepared by the Applicant at its sole expense at the request of the County or by VDOT,
and as approved by VDOT. The proffered Phase I road improvements shall be as described
on Exhibit M of the Application Plan. Notwithstanding the foregoing, Applicant shall be
permitted to construct beyond the Total Maximum Build -out, Phase I in advance of satisfying
all Phase I road proffers, if a traffic study approved by VDOT demonstrates that the following
intersections (including all turning movements) will function, with the proposed additional
building construction, with a delay that is equivalent to or better than the following: a Level of
Service ( "LOS ") "C" average at the intersection of Lewis and Clark Drive (Road A) and U.S.
29, and LOS "D" for each individual turning movement at the U.S. 29 intersection, and LOS
"D" average at the following intersections (i) Route 649 and Road A, (ii) Route 606 and Quail
Run, (iii) Route 606 and Route 649.
(1) Proffer 5.4(a)(1) of ZMA 95 -04 has been completed.
(2) Applicant shall acquire (or reimburse the acquiring governmental entity for
acquisition costs, if Applicant is unable to acquire) right of way for, design and
construct two northbound left turn lanes at the intersection of Road A (the
Research Park Entrance) and U.S. 29 (one northbound _turn lane has been
completed as of the date of this Proffer Statement). Applicant will also
construct a westbound turn lane into the Research Park to provide a free: flowing
right turn movement for southbound vehicles turning into the Project from U.S.
29 onto Lewis and Clark Drive. Applicant shall acquire (or reimburse the
acquiring governmental entity for acquisition costs, if Applicant is unable to
acquire) right of way for, design and construct a channelized southbound right
turn lane on U.S. 29 (This has been completed as of the date of this Proffer
Statement). The Road A/Lewis and Clark Drive exit onto U.S. 29 shall include
dedication, design and construction of two eastbound left turn lanes and two
eastbound right turn lanes (one lane in each direction has been completed as of
the date of this Proffer Statement). The entrance at Road A/Lewis and Clark
Drive at U.S. 29 also shall include dedication, design and construction of two
westbound through lanes (one lane has been completed as of the date of this
Proffer Statement).
(3) Proffer 5.4(a)(3) of ZMA 95 -04 has been completed.
(4) Proffer 5.4(a)(4) of ZMA 95 -04 has been completed.
B. Applicant shall satisfy the following Phase II road proffers before the Maximum Total Build -
out, Phase II is constructed (but not before the Maximum Total Build -out, Phase I is
constructed) (as set forth in Section 53 above) or earlier if (i) specified in this 5.4 (B), or (ii) a
need is created by such development and is demonstrated by a traffic study approved by
VDOT (provided however that if the site development plan review process does not otherwise
require Applicant to supply a traffic study, Applicant will provide at least a traffic count upon
the County's request for evidence that such need has not been created):
(1) Applicant shall design, dedicate, and construct within the Project a two lane
collector road extending from U.S. 29 to Route 649 through the Research Park
Project within six months of the issuance of the fast certificate of occupancy for
a building constructed after construction of the Maximum total Building -out,
Phase I (980,000 gross floor area of which up to 180,000 gross floor area may
be in Tract 1 and 2 on Exhibit J) (a portion of this road, Lewis and Clark Drive,
has been completed). Applicant shall dedicate and widen to four lanes the two
lane collector road extending from U.S. 29 to 649 when traffic volumes within
the Project create the need for such widening.
(2) Applicant shall design, dedicate and construct at the Route 649 entrance: two
southbound left turn lanes on Road A, one southbound right turn lane on Road
A, and two northbound through lanes on Road A.
(3) Proffer 5.4(b)(3) of ZMA 95 -04 has been completed.
(4) Applicant shall design and install all traffic signals necessary for appropriate
traffic control at the intersection of Route 649 and Road A as improved in
satisfying these Phase II road proffers, but no later than when a need is created
by the Project as determined by VDOT.
C. Construction of improvements may proceed up to the Maximum Total Build -out, Phase III
described in Section 5.3 above if any one of the following conditions shall have been satisfied
(but such conditions shall not be conditions for constructing the Maximum Total Build -out for
Phases I and II):
(1) Applicant shall design and construct (within existing right of way) to VDOT
standards (including correcting the vertical curvature of U.S. 29) the addition of
a third southbound through lane on U.S. 29 from the entrance to the Research
Park at Road A to Route 649. In the alternative, if VDOT requires, and at the
County's direction, Applicant shall contribute an amount equal to the design and
construction costs which would otherwise be contributed by Applicant for an
additional southbound through lane on U.S. 29 from the entrance to the
Research Park at Road A to Route 649.
(2) Before the issuance of the first certificate of occupancy for improvements in
excess of the Total Maximum Build -out, Phase II, six through lanes shall have
been constructed along U.S. 29 between the entrance of the Research. Park at
Road A and Route 649 to the satisfaction of VDOT and the County Engineer.
(3) Construction may nevertheless continue in excess of the Total Maximum Build -
out, Phase II (but in no event beyond the limitation contained in Section 3.1)
without all the road improvements having been completed as contemplated in
Section 5AC(1) above so long as Applicant can demonstrate to VDOT through
traffic studies approved by VDOT that acceptable levels of service can be
maintained to the satisfaction of VDOT and the County Engineer at the
intersection U.S. 29 and Route 649, and at the intersection of U.S. 29 and Lewis
and Clark Drive/Road A. For purposes of this subsection 5.4C(3), acceptable
levels of service shall mean a LOS "C" average, and LOS "D" for each turning
movement.
D. Upon the request of the County, the Applicant shall dedicate to public use and convey in fee
simple an area within its Project necessary for construction of a grade separated interchange.
The approximate location shall be as designated on Exhibit M as "Right of Way Area
Reserved for Possible Future Grade Separated Interchange." Applicant shall dedicate such
area without consideration. If the area is dedicated by one or more subdivision plats, each
such subdivision plat shall depict the area to be dedicated and bear a notation that it is
dedicated for public use. If the area has not been dedicated by subdivision plat, the Applicant
shall pay the costs of surveying the area, preparing one or more plats thereof and preparing
and recording one or more deeds of dedication. It is Applicant's desire to participate in the
design for such interchange so that Applicant may preserve the aesthetic features of the
Project's entrance.
E. The one hundred fifty (150) foot buffer adjacent to Dickerson Road and shown as "150'
Buffer Area" on Exhibit K, 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. If the dedication of right of
way is required for the widening of Dickerson Road, the Applicant shall dedicate, without
monetary consideration, the right of way upon written request by the County. The right of
way shall be conveyed within six (6) months following the Applicant's receipt of the written
request. If the right of way is dedicated by one or more subdivision plats, each such
subdivision plat shall depict the right of way and bear a notation that the right of way is
dedicated for public use. If the right of way is not dedicated by subdivision plat, the applicant
shall pay the costs of surveying the right of way to be dedicated, preparing one or more plats
thereof and preparing and recording one or more deeds of dedication, which shall convey the
right of way to the County in fee simple and shall be in the form of a general warranty deed.
VI. RECREATIONAL AREAS AND OPEN SPACE
6.1 Developed Recreational Areas. Applicant shall develop active recreation, playing fields and picnic
areas as shown on Exhibit N: Open Space System Phasing Plan. Phasing of the Open Space System
improvements shall follow the phasing schedule of proffered road improvements as set forth in Section
5.4 above. For example, those open space improvements described for Phase 1 shall be completed
before construction of the Maximum Total Build -out, Phase I, as set forth in Section 5.3. Such
recreation areas, unless conveyed to the County, shall be maintained by the Applicant or an appropriate
organization. Upon request by the County, the Applicant shall convey to the County, without
monetary consideration, within six (6) months following the Applicant's receipt of the written request,
the Sports Fields depicted on the Exhibit N. The Applicant shall pay the costs of surveying the Sports
Fields parcel, preparing one or more plats thereof and preparing and recording one or more deeds of
dedication, which shall convey the Sports Fields parcel to the County in fee simple and shall be in the
form of a general warranty deed. Sports Fields areas will not be lighted with field or stadium lighting
unless otherwise approved by the County.
6.2 Open Space. Applicant shall restrict development of areas not shown as either development parcels or
as "30.56 Acres (ZMA 05 -03)" on Exhibit N: Open Space System Phasing Plan, subject to boundary
adjustment once boundaries are established by plat. In no event will the total area of such undeveloped
areas, including the Greenway (defined in Section 6.3 below), Buffer areas (defined in Section 7.2
below), Open Space (shown on exhibits) and recreation areas described in these Proffers be less than a
total of 200 acres. These areas shall be for the use and enjoyment of the residents of the Project,
subject to the restrictions imposed by the Declaration. Applicant may dedicate such undeveloped areas
to the Owners Association or to an appropriate organization. No structural improvements other than
utilities, pedestrian and riding trails, and Common Area amenities shall be constructed in these areas.
Applicant does not intend by this proffer to subject these areas to Section 4.7.3 of the Ordinance, if
such areas are not currently governed by such ordinance.
6.3 Rivanna Greenway. Upon request of Albemarle County, the Owner shall dedicate to the County for
public use either in fee simple or as one or more easements, a Greenway no less than one hundred
(100) feet in width along the boundary of the Property and adjacent to the Rivanna River as shown on
Exhibit N: Open Space System Phasing Plan (the "Greenway "). No structural improvements other
than pedestrian and riding trails shall be constructed, or erected within the Greenway without the
consent of the Owner. Utilities may be provided in the Greenway if, in the opinion of the County
Engineer, there is no reasonable alternative. If utilities are allowed in the Greenway, the Owner may
grant across the Greenway utility easements, and access easements to the Rivanna River for the users
of the Project and their guests and, may at its option, build pedestrian and riding trails or similar uses
of the area. Construction of pedestrian and riding trails shall conform to the County Design Standards
Manual for trails. The Owner will obtain approval from the County Engineer for construction of any
trails except primitive nature trails (Class B Type 1 trails).
The Owner shall convey the Greenway by Deed of Gift and Easement Agreement. The Deed shall be
accompanied by a subdivision plat depicting the Greenway and bearing a notation that the Greenway is
dedicated for public use, subject to provisions and reservations contained within the Deed. If, at the
time of dedication, the Greenway is not dedicated by an accompanying subdivision plat, the owner
shall pay the costs of surveying the Greenway, preparing the subdivision plat or other depiction thereof
acceptable to the Director of Community Development and the County Attorney, and preparing and
recording the Deed, and further provided that the Deed is in a form approved by the County Attorney.
After dedication, the Greenway shall continue to be counted as open space for the Research Park.
6.4 Cemetery and Ice Pit Site. Applicant shall not disturb the existing family cemetery located
approximately in the area as shown on the Open Space System Phasing Plan. Applicant has completed
a preservation plan which incorporates the cemetery, ice house and former homestead site into the
development of the Project. The preservation plan has been filed with the County to accompany these
proffers. The preservation plan memorializes the historical significance of this site, consistent with the
wishes of the family of those interred in the cemetery.
VII. LANDSCAPING AND BUFFERING
7.1 Landscaping. The Applicant shall landscape all Project roads in accordance with the standards
contained in the "Exhibit D, UREF's North Fork Street Tree Master Plan ", filed with the Albemarle
County Planning Commission on November 1, 1994. Placement of trees and underground utilities
shall be designed to avoid root interference with such utilities.
7.2 Buffer Areas. Except as expressly provided herein in Sections 7.2 (A) and 7.2 (B), the Owner shall not
disturb the Buffer Areas (the "Buffer Areas ") as depicted on the Application Plan, other than to: i)
establish and maintain signage, fences or walls, ii) remove underbrush, iii) plant landscaping trees for
screening or (iv) construct an interconnection along the eastern boundary between development parcels
B 10 and B 11 as shown on Exhibit K. The Owner shall plant additional landscaping in Buffer Areas as
reasonably required for screening.
A. Tract 2 - Disturbance within Eastern Buffer. Within Tract 2 on Exhibit J, the fifty foot
buffer on the eastern side of Tract 2 shown as "50' Buffer Area" on Exhibit K -4 (the "Eastern
Buffer ") may be disturbed in conjunction with the construction and maintenance of the public
street shown on the Application Plan as Lewis and Clark Drive. The land disturbing activity
in the Eastern Buffer shall be the minimum necessary as determined by the County Engineer
and reasonable construction practices to allow for the construction and maintenance of Lewis
and Clark Drive, including all sidewalks and pedestrian pathways, and the construction and
maintenance of erosion and sediment control structures and measures, drainage facilities, and
stormwater management facilities which may be located either within or out of the Eastern
Buffer.
B. Tract 2 - Landscaping within Eastern Buffer. Any portion of the Eastern Buffer within
Tract 2 on Exhibit J that is disturbed as provided in paragraph 7.2 (A) shall be landscaped by
the Applicant as provided herein within one hundred eighty (180) days after the County's
Program Authority releases the erosion and sediment control bond for land disturbing activity
within the Eastern Buffer. The disturbed portion of the Eastern Buffer shall be planted in
accordance with a landscaping plan approved by the County in conjunction with the road plan
and profile for Lewis and Clark Drive. The landscaping plan shall include the following: (i)
an informal mix of native species evergreens planted at least five (5) feet in height, serving as
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) shade trees shall be interspersed among
the screening trees; (iv) clusters of ornamental trees shall be provided in groups of 3's and
5's; and (v) tall shrubs shall be massed to help integrate the proposed plantings into a
naturalistic rural landscape. Approved plant species shall be obtained from the Albemarle
County Recommended Plant List and the buffer design shall be subject to the review and
approval of the Director of the Department of Community Development. The minimum
caliper of all shade trees identified herein shall be two and one -half (2 ' /2) inches at the time of
planting. The Eastern Buffer shall be maintained by the Applicant.
VIII. FIRE STATION
8.1 Fire Station. The Applicant has leased to the County the Fire Station Parcel which is identified as of
the date of this Proffer Statement Tax Map Parcel 32 -18B (the "Fire Station Parcel ") at no cost to the
County and under such other terms as are acceptable to the County (the "Land Lease "). The Land
Lease shall be for a term that extends until the Applicant dedicates the Fire Station Parcel, or portion
thereof, to the County as provided in paragraph 8.5.
A. Proffer 8.1(A) of ZMA 2005 -002 has been completed.
B. Proffer 8.1(B) of ZMA 2005 -002 has been completed.
C. The Applicant shall provide hazardous materials training to County fire and rescue personnel.
The training program shall be approved in advance by the Chief of the County's Department
of Fire Rescue. The training shall consist of two (2) four (4) hour training sessions per year
during the three (3) year period beginning on the date the certificate of occupancy for the Fire
Station is issued. The training program shall pertain to biological, chemical and radiation
elements.
D. The portion of Proffer 8.1(D) of ZMA 2005 -002 dealing with a septic tank and septic drain
field has been completed. The Applicant shall close and remove the septic disposal system on
the Fire Station Parcel at its sole expense when the system is no longer required after the Fire
Station Parcel is connected to the public sewer system as provided in paragraph 8.4.
8.2 Hazardous Material. No Hazardous material, including medical wastes shall be disposed within the
Proj ect.
8.3 Disposition of Dedicated Property. In the event any of the property dedicated to the County pursuant
to Section 5.4(b)(1) and (2), 5.4(d), 6.1, 6.3, and 8.1 is not used for the purpose for which it is
proffered, with such use being undertaken within twenty (20) years of receipt of the property by the
County, then the property shall be used as open space.
8.4 Extension of Public Sewer to Fire Station. As condition of final subdivision plat or final site plan
approval for any development within Tracts 1 and 2 as depicted on Exhibit J, or within Tax Map and
Parcel Number 03200- 00 -00- 01800, other than the final subdivision plat and final site plan creating
and authorizing development of the Fire Station described in Section 8.1, the Applicant shall design
and construct at its sole expense, or provide a sufficient bond or other form of surety to the County in
an amount sufficient to assure construction and acceptance by the appropriate authority, a public sewer
to serve the Fire Station Parcel and, in conjunction with such construction and upon request by the
developer of the Fire Station Parcel, shall install a lateral from the public sewer that connects. the Fire
Station to the public sewer. If such request is made, the developer of the Fire Station Parcel shall
reimburse the Applicant for its costs to design and install the lateral, and shall pay all fees required for
connecting the Fire Station to the public sewer system. Reimbursement shall be made within sixty
(60) days of receipt by the developer of a request for reimbursement accompanied by documentation to
support the amount requested.
8.5 Dedication of Fire Station Parcel. Within ninety (90) days after the Fire Station Parcel is served by the
public sewer system as provided in Section 8.4, the Applicant shall dedicate to the County in fee
simple the Fire Station Parcel, less that portion no longer needed for the septic disposal system, and
less such adjoining lands within the Fire Station Parcel determined by the County to not be needed for
public use (the "Dedication Parcel "). The size of the Dedication Parcel is estimated to be
approximately 111,021 square feet (2.55 acres) and as shown on Exhibit B to the proffers approved
with ZMA 2005 -002. The Applicant shall bear the costs of preparing the subdivision plat necessary
for the dedication of the Dedication Parcel to the County, and any other required plats or surveys, and
the preparation of the deed to convey the Dedication Parcel to the County. The Applicant shall provide
general warranties of title in the deed conveying the Dedication Parcel. Upon such conveyance, the
Land Lease described in Section 8.1 shall terminate.
8.6 Connection of Fire Station to Street, Alternate. The Applicant shall construct a street from Lewis and
Clark Drive to Tax Map and Parcel Number 03200 -00 -00 -01800 north of the Fire Station Parcel (the
"Street ") and a travelway from the Street to a connection point within the Fine Station Parcel or
Dedication Parcel, as applicable, mutually agreed to by the Applicant and the developer of the Fire
Station Parcel, which will be shown on the approved final site plan for the development of the Fire
Station (the "Connector "), as provided below:
A. The Street shall be designed and constructed to Virginia Department of Transportation
standards or applicable street standards as determined by the County Engineer, shall be
designed and constructed to accommodate its intersection with the Connector, and shall be
located so that there is three hundred (300) feet or such lesser distance, approved by the
Virginia Department of Transportation, of separation on Lewis and Clark Drive between the
cross -over serving the Fire Station Parcel (the "Bay Door Egress ") and the cross -over serving
the Street to allow for the required left -turn lane and taper from Lewis and Clark Drive into
the Street. The Street shall be completed for acceptance by the Virginia Department of
Transportation into the state highway system or by the County, as applicable, before the
median break allowing a direct left turn access from the northbound lane(s) of Lewis and
Clark Drive into the northern access to the Fire Station Parcel from Lewis and Clark Drive
(the "Median Break ") that is in use as of the date of this Proffer Statement (the "Temporary
Access ") is closed.
B. The Connector shall be designed and constructed to applicable private street standards set
forth in Albemarle County's Subdivision Ordinance and Design Standards Manual. The
Connector shall be completed for acceptance by the County before the Median Break is
closed. The developer of the Fire Station Parcel shall close, or pay all costs to close, the
Temporary Access, including the cost of removing all unnecessary pavement and installing
landscaping in those areas consistent with the existing landscaping along the front of the Fire
Station Parcel.
IX. HISTORIC RESOURCES
Prior to approval of the first preliminary subdivision plat or preliminary site plan or an early grading permit
within Tract 1 on Exhibit J (except for the Fire Station property), the Owner shall provide a reconnaissance
level survey performed by an architectural historian or other qualified individual to adequately provide an
archival record of the existing buildings within Tract 1. The survey shall meet the requirements of the
Virginia Department of Historic Resources (VDHR) and be provided on the VDHR Reconnaissance Survey
Field Form.
X. PROJECT PROGRESS REPORT
10.1 Project Report. Applicant shall submit a report to the Department of Planning and Community
Development, or its successor, every 3 years. The report shall outline the development activity in the
Project over the applicable period. Development activity updates may be completed as part of the site
plan review process and shall consist of a summary spreadsheet of total gross square footage
completed to date.
XI. SIGNATORY
11.1 Certificate. The undersigned owners certify that they are the only owners of the Property which is the
subject of this Proffer Statement and of ZMA 2005 -03.
11.2 The Applicant. These proffers shall run with the Property and each reference to the "Applicant" within
these proffers shall include within its meaning, and shall be binding upon, Applicant's successor(s) in
interest and /or the developer(s) of the Property or any portion of the Property.
UNIVERSITY OF VIRGINIA FOUNDATION
a Virginia non -stock corporation
By: (Signed) Tim R. Rose
Tim R. Rose, Chief Executive Officer
1641 EDLICH REALTY CO LLC,
a Delaware limited liability company
By: (Signed) Brett Sarason
Printed Name: Brett Sarason
Title: Co orate Counsel
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