HomeMy WebLinkAboutZMA200000009 Approval - CountyAL
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone(434)296-5832
August 23, 2006
Donald J. Wagner
GEMC & Riverbend, LP
PO Box 5526
Charlottesville, VA 22905
RE: ZMA-00-009 North Pointe PD -MC (SignS #97, 98, 99)
AND
Fax (434) 972-4012
SP -02-072 North Pointe Residential Uses (SignS #97, 98, 99)
Tax Map 32 Parcels 20, 20a, 20al, 20a2, 20a3, 22h 22k, 23, 23a, 23b, 23c, 23d, 23e,
23 f, 23g, 23h, 23j and 29i
Dear Mr. Wagner:
The Board of Supervisors approved ZMA-2000-009 North Pointe on August 2, 2006. Your
rezoning from RA Rural Area to PD -MC Planned Development Mixed Commercial was
approved in accordance with the attached proffers dated July 20, 2006. An application
plan/plan of development dated June 13, 2006 was approved as part of the rezoning. Please
refer to these documents for any future applications and requests on this property.
On August 2, 2006, the Albemarle County Board of Supervisors also took action on SP 2002-
072 North Pointe to allow Residential Uses on Tax Map 32 Parcels 20, 20a, 20a1, 20a2, 20a3,
22h 22k, 23, 23a, 23b, 23c, 23d, 23e, 23 f, 23g, 23h, 23j and 29i in the Rivanna Magisterial
District. This special use permit was approved based on the following conditions:
1. Residential mix. The dwelling units within the Project shall consist of the following three
types: (a) single-family detached, including carriage house units; (b) multi -family; and (c)
other (consisting of townhouses, duplexes, attached housing, condominiums in the
commercial areas and any other unidentified housing types). The minimum number of
each of the three dwelling unit types shall be 205 of the 893 total permitted dwelling units.
2. Phasing of residential units. Beginning from the date of approval of the first commercial
building permit, the owner shall record subdivision plats creating a minimum of forty (40)
lots for single family detached residential units each year thereafter until plats have been
recorded creating lots for a minimum of two hundred (200) single family detached
residential units. If the owner records subdivision plats creating lots for more than forty
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August 23, 2006
(40) single family detached residential units in any year (including any year prior to the
date of approval of the first commercial building permit), the excess lots shall be credited
to the lots required in subsequent years.
Conservation areas. The conservation areas shown on the Application Plan shall remain
undisturbed and shall be protected from development impacts to the satisfaction of the
County's program authority for the Water Protection Ordinance (Chapter 17 of the
Albemarle County Code) (the "Program Authority"); except that the pedestrian paths
shown on the Application Plan may be placed in a conservation area where shown on the
Application Plan. Storm drainage outfalls and other pedestrian paths may only be placed
in conservation areas if the Program Authority finds that no other location is reasonably
available and that the disturbance is necessary for such a proposed use.
Notwithstanding the terms of this Condition 3 to the contrary, the Program Authority may
approve a utility main within a conservation area, even if it is not shown on the
Application Plan, and the Program Authority may approve other disturbances and/or
measures as may be appropriate in the Program Authority's discretion to further protect a
conservation area.
4. Conservation areas with utilities. The conservation areas with utilities shown on the
Application Plan shall remain undisturbed and shall be protected from development
impacts to the satisfaction of the Program Authority; except that:
A. The streets and pedestrian paths shown on the Application Plan may be placed in a
conservation area with utilities where shown on the Application Plan. Other
pedestrian paths, other streets, and sanitary sewers, storm drainage outfalls, and/or
stream mitigation measures may only be placed in a conservation area with utilities if
the Program Authority finds that no other location is reasonably available and the
disturbance is necessary for such a proposed use. In any event, the construction,
maintenance and use of the improvements shall have the minimum environmental
impact on the conservation area with utilities necessary for the improvements to be
established and maintained, and the long-term impacts shall be adequately mitigated.
Nothing in this condition shall be construed to obviate the requirements established
for stream buffers under Chapter 17 of the Albemarle County Code or shall constitute
a waiver of such requirements.
B. Erosion and sediment control structures and measures shall be permitted within a
conservation area with utilities solely to address impacts from authorized land
disturbing activity within such area, unless otherwise requested by the Owner and
approved by the Program Authority.
C. The Program Authority may approve other disturbances and/or measures as may be
appropriate in the Program Authority's discretion to further protect a conservation
area with utilities.
5. Open space. The Owner shall restrict from development all open space areas
designated as greenway, buffer areas and park areas shown on the Application Plan.
This condition shall not apply to development parcels, conservation areas, and
conservation areas with utilities shown on the Application Plan.
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August 23, 2006
A. Open space areas not dedicated to public use shall be for the use and enjoyment of
the residents of the Project, subject to the restrictions that may be imposed by any
declaration recorded as part of a conveyance of these areas to a homeowner's
association. Open space areas dedicated to public use shall be for the use and
enjoyment of the public, including the residents of the Project.
B. No structural improvements other than utilities, pedestrian and biking trails, and
common area amenities such as playgrounds, picnic areas, hardscapes, and PAR
exercise equipment shall be established and maintained in the open space areas.
6. Aggregate set aside for open -space related areas. In no event shall the total area of
open -space related areas comprised of the conservation areas (Condition 3),
conservation areas with utilities (Condition 4), open space (Condition 5), greenway
(Conditions 5 and 7), and landscaped buffer areas (Conditions 5 and 8) shown on the
Application Plan, be less than a total of thirty-five percent (35%) of the total land within
the Project to be developed for residential uses, as shown on Sheet G to the Application
Plan entitled "Open Space and Green Way Plan," dated March 6, 2006 ("Sheet G").
7. Rivanna greenway/access. The Owner shall reserve for dedication to public use a
greenway along the boundary of the Project and adjacent to the Rivanna River, between
the flood plain line and a preservation area (hereinafter, the "greenway") as shown on
Sheet G.
A. The Owner may grant such utility easements across the greenway as are required for
a forced main utility and for the proposed uses shown on the Application Plan, each
with the prior written consent of the County. Erosion and sediment control structures
and measures shall be permitted within a greenway solely to address impacts from
authorized land disturbing activity within the greenway, except as otherwise requested
by the Owner and approved by the Program Authority.
B. The Owner shall dedicate to public use the greenway and all pathways shown through
land depicted on Sheet G as "Greenway"; provided, however, that the property
owners within the Project shall have access to and over such pathways at all times
the pathways are open to the public. The greenway and pathways shall be dedicated
either upon the request of the County, or in conjunction with the platting of the
residential lots adjacent to the section of the greenway to be dedicated. If the
greenway and pathways are dedicated by platting, the greenway and pathways shall
be set apart on the plat for public use with a notation that the greenway and pathways
are dedicated for public use. If the County accepts dedication of the lake referenced
in section VI of the Proffer Statement for the Project (ZMA 2000-009), upon request
by the County, the Owner shall dedicate to public use the access pathway east of the
middle entrance and leading to Flat Branch as shown on Sheet G.
C. Access easements to the Rivanna River shall be provided as shown on the
Application Plan for the benefit and use by property owners within the Project.
D. The Owner shall be responsible for the costs of drafting the deeds of dedication,
having required surveys conducted and plats prepared, and recordation costs.
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August 23, 2006
8. Landscaped buffer between residential areas and rural areas. Before the County issues
a certificate of occupancy for the first dwelling unit constructed on any of the lots shown
on the Application Plan abutting the areas shown on the Application Plan as "Open
Space Buffer (30')" along Pritchett Lane (Lots Al -6, 1-18-20, L15-34 and N2-5), the Owner
shall establish and thereafter maintain a heavily vegetated buffer in the open space buffer
common areas. The buffer, where one does not already exist, shall be planted in
accordance with a landscaping plan approved by the County. The landscaping plan shall
include the following: (i) an informal mix of screening trees, loosely staggered, fifteen (15)
feet on -center; (ii) the same species of screening trees shall be clustered in groups and
alternate groups of screening trees shall be provided to create a naturalistic rural
landscape; (iii) large and medium shade trees shall be interspersed among the screening
trees; (iv) clusters of ornamental trees shall be provided in groups of 3's and 5's; and (v)
tall shrubs shall be massed to help integrate the proposed plantings into a naturalistic
rural landscape. The features described in (i) through (v) herein define a "naturalistic
rural landscape." Approved plant species shall be obtained from the Albemarle County
Recommended Plants List and the buffer design shall be subject to the review and
approval of the Director of the Department of Community Development. The Owner shall
maintain the buffer.
9. Extensions. Unless the dedication of public right-of-way and the construction of such
streets or accessways, as applicable, are required in conjunction with the approval of a
subdivision plat under Albemarle County Code § 14-409 and related sections, or their
successors, the following streets or accessways, as applicable, shall be constructed and
rights-of-way shall be reserved for dedication to public use as provided herein.-
A.
erein:
A. Extensions to Pritchett Lane. The Owner shall design and construct as emergency
access ways extensions to Pritchett Lane within the fifty (50) foot wide rights-of-way
located between Lots H-9 and H-10 and Lots L-16 and L-17, respectively, as shown
on the Application Plan, subject to the following:
The emergency accessways shall be designed and graded to accommodate a
minimum Virginia Department of Transportation standard for a public street as
determined by the County Engineer, and constructed using pervious parking
pavers or other materials sufficient to support fire and other emergency vehicles,
but that support grass or other ground cover, in conjunction with the construction of
the streets serving Lots H-7 and L-14, respectively.
2. The fifty (50) foot wide rights-of-way shall be dedicated to public use upon request
by the County, together with all necessary right-of-way for the fifty (50) foot wide
rights-of-way to be geometrically connected to adjoining streets as approved by the
County Engineer.
3. If requested by the County within ten (10) years after the first certificate of
occupancy is issued for a dwelling unit within the H or L sections shown on the
Application Plan, and after the property on the east side of Pritchett Lane opposite
the respective emergency access ways has been upzoned, the Owner shall
convert and upgrade the emergency access ways to the applicable Virginia
Department of Transportation public street standards for acceptance into the state
highway system. Subject to weather delays or force majeure, the construction of
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August 23, 2006
the upgrades shall be completed for such acceptance within one hundred eighty
(180) days after the request by the County.
B. Extension to Tax Map 32 Parcel 231-11. In the event that any of the residential units
within the Project adjacent to Tax Map 32, Parcel 23H1 are developed under a site
plan, the Owner shall design and construct extensions to Tax Map 32, Parcel 23H1 by
way of two streets within the fifty (50) foot wide rights-of-way located as shown on the
Application Plan and identified by the notation "R.O.W. Reserved for Future
Dedication," adjacent to the church property identified as Tax Map 32, Parcel 23H1
that fronts on Pritchett Lane. The exact location of the rights-of-way shall be fixed by
the applicable final site plan.
The streets shall be designed and constructed to applicable Virginia Department of
Transportation public street standards. The streets shall be constructed in
conjunction with the applicable final site plan, or at such other time authorized by
the County Engineer under such terms and conditions the County Engineer
determines to be appropriate, including the requirement that the Owner provide
adequate surety or other guarantee that the streets will be constructed and
maintained until accepted into the state highway system.
2. The streets shall be constructed as close to the property line between the Project
and Tax Map 32, Parcel 23H1 as determined by the County Engineer to be feasible
without obtaining offsite construction easements. The rights-of-way shall be
graded as close as possible to the Project property line.
3. To allow the completion of street improvements to and beyond the Project property
line, temporary construction easements on the Owner's property and outside of the
rights-of-way to be dedicated shall be reserved on the applicable final site plan.
The site plan also shall include a note stating that no improvements shall be
established within the reserved area. Within ninety (90) days after request by the
County, the easements shall be granted. No improvements shall be located within
the temporary construction easements until the construction of the street
improvements onto Tax Map 32, Parcel 23H1 has been completed so that the need
for the temporary construction easements no longer exists.
4. Within ninety (90) days after request by the County after Tax Map 32, Parcel 23H1
has been upzoned, the Owner shall dedicate to public use the streets and rights-of-
way and offer the street for acceptance into the state highway system.
10. Overlot grading plan. For all subdivisions with lots less than 15,000 square feet in size
and not otherwise requiring a site plan, a lot grading plan ("Overlot Grading Plan") must
be approved by the County Engineer prior to the issuance of a building permit for a new
residence on any such lot(s). The Overlot Grading Plan must satisfactorily demonstrate
compliance with all Erosion and Sediment Control requirements for drainage conveyed
across such lot(s). An "Agreement in Lieu of a Plan" will be allowed for building permits,
provided the general drainage patterns and grading matches that shown on the Overlot
Grading Plan. The Overlot Grading Plan may be revised at any time by the subdivision
developer or individual lot owners, provided all work can be accomplished within their
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Page 6 of 8
August 23, 2006
property lines or within available easements. All amendments shall be subject to the
review and approval by the County Engineer.
A. The Overlot Grading Plan shall be drawn to scale not greater than one (1) inch equals
fifty (50) feet, with all proposed grading shown at contour intervals not greater than
two (2) feet interpolated and shall demonstrate to the satisfaction of the County
Engineer that:
1. All concentrated runoff is conveyed across lots using vegetated swales or
underground drainage structures in a manner that does not result in flooding of
buildings or erosion as a result of the grading. For the purposes of this
requirement, flows from roof downspouts will be considered concentrated flows if
not adequately dispersed before reaching the property line.
2. Overland relief is assured in the event that drainage structures do not function.
Overland relief will be considered satisfied if buildings are designed to have
finished floors at least one (1) foot above low points for any drainage area which
includes the house. With dams and similar impoundments, this should be
measured from the top of the dam.
B. The County Engineer may allow other drainage structures (e.g., riprap ditches) where
it has been determined this change will not significantly impact usable yards (e.g.,
cobblestone swale next to a driveway), where slopes are too steep for vegetated
swales (e.g., steeper than 33% grades), or where the change would better mitigate
impacts on adjoining properties (e.g., matches offsite drainage structure).
C. Public drainage across lots shall be in storm sewers except open drainage ways may
be allowed if the plat restricts construction of a building within fifty (50) feet of a
proposed open drainageway. If a storm sewer is used across lots, easement widths
must be sufficient to allow excavation with 1:1 side slopes on the trench, sufficient
room on one side of the trench to stockpile excavated materials, sufficient room on
the opposite side of the trench to allow for movement of materials, and adequate
room for a backhoe boom to swing. Fences, walls, driveways, and other uses are not
allowed within the easements, except where a "hold harmless" clause is included in
the easement agreement.
D. No surface drainage may flow across more than three (3) lots or one-half (1/2) acre,
whichever is greater, before being collected in a storm sewer or directed to a drainage
way outside of the lots.
E. Retaining walls higher than four (4) feet (measured from the top of the face to the
ground on the downhill side) shall be designed by a professional engineer to assure
long-term stability. Retaining walls building using a VDOT standard or a pre-
engineered product that includes certification are not required to provide a separate
professional engineer's certification provided the building contractor provides an
affidavit that the wall was constructed consistent with the standard. Retaining walls
higher than four (4) feet in useable yards or places where the public might walk must
include a railing similar in design to what is required for elevated decks. In
circumstances where it is questionable whether a railing is required, the County
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August 23, 2006
Engineer will make the determination. The builder must provide evidence of the
ability to maintain any retaining wall which could not be maintained without the use of
adjoining property.
F. Except for the main entrance to the dwelling, which shall be governed by Condition 10
(G), the Plan shall demonstrate that an area at least five (5) feet in width, or to the lot
line if the distance is less than five (5) feet, from any possible doorways to dwellings
as shown on the Plan or from the edges of any grade level patios as shown on the
Plan that will not be served by a stairway, has grades no steeper than ten percent
(10%) perpendicular to the exterior wall.
G. In lieu of the foregoing provisions, the grading plan for the residential units located in
the southeastern portion of the Project as shown on the Application Plan shall be
included as part of the site development plan application for the appurtenant
commercial area as shown on the Application Plan.
H. Any requirement of this condition may be waived by the County Engineer by
submitting a waiver request with the preliminary plat. If such a request is made, it
shall include: (i) a justification for the request contained in a certified engineer's
report; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller
than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the
property; (iv) topography of the property at five (5) foot intervals for the property being
subdivided and on abutting lands to a distance of five hundred (500) feet from the
boundary line or a lesser distance determined to be sufficient by the agent; (v) the
locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and
(vi) the proposed layout of streets and lots, unit types, uses, and location of parking,
as applicable. In reviewing a waiver request, the County Engineer shall consider
whether the alternative proposed by the Owner satisfies the purpose of the
requirement to be waived to at least an equivalent degree. In approving a waiver, the
County Engineer shall find that requiring compliance with the requirement of this
condition would not forward the purposes of the County's Subdivision and Water
Protection Ordinances or otherwise serve the public interest; and granting the waiver
would not be detrimental to the public health, safety or welfare, to the orderly
development of the Project, and to the land adjacent thereto.
The Owner may request that the Plan be amended at any time. All amendments shall
be subject to the review and approval by the County Engineer.
11. Sanitary sewers. All residential uses shall be served by gravity sanitary sewers;
however, basements may be served by grinder pumps.
In addition, the Board approved the following WAIVERS.-
1.
AIVERS:
1. Section 21.7 minimum yard requirement waiver to allow for alternative setbacks in
accordance with the application plan; and
2. Section 4.2 of the Zoning Ordinance related to critical slopes, as shown on the application
plan.
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August 23, 2006
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 the SPECIAL USE PERMIT;
• approval of and compliance with SITE PLAN(S) AND/OR SUBDIVISION PLAT(S); and
• approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued is not
commenced within twenty-four (24) months from the date of Board approval, it shall be deemed
abandoned and the permit terminated. The term "commenced" means "construction of any
structure necessary to the use of the permit."
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Sherri Proctor at 296-5832.
Sincerely,
V�
V. Wayne ilimber
Y 9
Director of Planning
VWC/aer
Cc: Violet Hills Association, etal
C/o Greater Eastern Management Co.
Post Office Box 5526, Charlottesville, VA 22905
Amelia McCulley
Tex Weaver
Chuck Proctor
Sherri Proctor
Steve Allshouse
Sarah Baldwin
Bruce Woodzell (Real Estate)
PROFFER STATEMENT
NORTH POINTE CHARLOTTESVILLE, LLC
REZONING APPLICATION: 4ZMA-2000-009, SP -2002-72
Jule 20, 2006
With respect to the property described in rezoning application fiZMA-2000-09
and SP -2002-72 (tile "ZMA"), CWH Properties Limited Partnership is the fee simple owner and
North Pointe Charlottesville. LLC is the contract purchaser of Tax Map 32, Parcels 20, ?OA,
20A 20A_1. 20A3 and 29I (tile "North Pointe Property"), Violet Hill Associates. L.L.C. is the
fee simple owner- of Tax Map 32, Parcels 23, 23A, 23B, 23C, 23D. 23L, 3F. 23G. 23H and 23J
(the "Violet Ilill Property"'), Virginia Land Trust is the fee simple owner of Tax Map 3'', Parcel
?'_'K (the "Virginia Land Trust Property") and the Edward R. Jackson Trust is the fee simple
rnwner of'Iax Map 32, Parcel 221-1 (the "Jackson Trust Property""). The respective parties are
collectively referred to herein as the "Owner which term shall include any successors in
interest. The North Pointe Property, the Violet Hill Property, the Virginia Land Trust Propert}
and the .Jackson Trust Property are referred to collectively as the "Property
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. Owner
hercbv voluntarN proffers the conditions listed in this Proffer Statement, which shall be applied
to the North Pointe Property if the ZMA is approved bi Albemarle County. These conditions are
proffered as part of the ZMA and it is agreed that: ( l ) the ZMA itself gives rise to the need for
the conditions, and (2) such conditions have a reasonable relation to the rezoning requested.
This Proffer Statement shall relate to the multi -page application plan entitled
"North Pointe Community", prepared by Keeney & Co., Architects, as revised through June 13.
2006 and attached hereto as Exhibit A (the "Application Plan"). and the Albemarle Count) Code
in effect as of the date of this Proffer Statement (the "County Code"). The North Pointe
Community shall be referred to as the "Project".
1. THIS SECTION INTENTIONALLY DELETED
I1. ENTRANCE CORRIDOR
'.1 Creation of a 50 -Foot Buffer alonI4 the Entrance Corridor. Within six (6)
months after the acceptance by the Virginia Department of Transportation (VDOT) of the
Road Improvements as defined in Section 5.3 that are along the northbound lanes oi' U.S. Route
29, Owner shall plant and thereafter maintain at all times a landscaped buffer, including
liedgerows. along the Entrance Corridor frontage parcels owned by Owner. The buffer will
consist of a minimum 50400t wide continuous visual landscape area that shall be subject to
Albemarle County Architectural Review Board ('ARB`) review and approval (the "Buffer). fri
the event VDOT at any time in the future reduces any portion of the Buffer located on VDOT
property, the Owner shall compensate for such reduction by extending the Buffer on Owner's
property in order to maintain a minimum 40 -foot Buffer, even if such compensation shall require
the removal of parking adjacent to such Buffer.
Appearance of Storm Water Manal4ement ("SWM") Facilities. The SWM
tacilities visible from the Entrance Corridor identified on the Application Plan (stormwater
management facilities 1, 2. and 10) shall be shown on a plan and be subject to ARB review and
approval. SIXM l shall be designed such that its shape. placement, and land form (grading)
transition between the adjacent conservation area and the adjacent hard edge ol' the parking lot
and buildings. The plan for SWM 1 shall be submitted to the ARB with the first ARB
submission for Building 14 or 19 identified on Sheet B to the Application Plan ("Sheet B"), or
any such building that is proposed to be located where Building 14 is located on Sheet B
pursuant to the terms of Section 3.2. SWM 2 shall have a more structured appearance than
S\k'M 10 (see below) and shall be designed such that its shape, placement, and land form
(grading) transition between the adjacent conservation area and the adjacent hard edge of the
parking lot and buildings. The plan for SWM 2 shall be submitted to the ARB with the first
.ARB submission for any of Buildings 26 through 31. SWM 10 shall be designed such that its
shape. placement, and land form (grading) are integral with the adjacent conservation area. The
plan for SWM 10 shall be submitted to the ARB at the time road plans are submitted to the
County and VDOT for Northwest Passage.
Ill. DENSITIES
3.1 Total Buildout. The total number- of dwelling units within the Project shall not
exceed eight hundred ninety-three (893). Subject to Section 3.2, the building footprints and gross
floor areas of commercial, office, and other uses, and the building footprints of hotels shall not
exceed those set forth in the Land Use Breakdown Table on Sheet A to the Application Plan
('Sheet A").
�? Limited Adjustments to the Elements of the Application Plan. The gross floor
area of the buildings used for commercial, office, other uses, and hotels shown on Sheet A may
be adjusted within a range of up to ten percent (10°ro), provided that the maximum gross floor
area for each category of uses shown on Sheet A is not exceeded. The footprints of Buildings 6,
14 and 36 as shown on Sheet A can be interchanged. Notwithstanding the terms of this Section
3.2 to the contrary, Building 14 shall not initially exceed 88,500 square feet, provided, however,
that after two vears following the issuance of the certificate of occupancy for Building 14,
Building 14 may be adjusted within a range of up to ten percent (10°%), and if Building 14 is
located in the location shown on Sheet B, any such expansion shall be located to the east so that
the additional space is located along North Pointe Boulevard. Notwithstanding the terms of this
Section 3.2 to the contrary, but subject to the provisions of Section 8.1, the County may
authorize Building 21 as shown on Sheet A to be adjusted by more than ten percent (10111/0).
IV. STORMWATER MANAGEMENT AND STREAM BED CONSERVATION
4.1 Flood Plain. The area of the 100 -year flood plain within the Project shall remain
undisturbed except for road crossings, public utility facilities and their crossings, and pedestrian
and biking trails, and only to the extent such exceptions are permitted by County ordinances and
regulations. Upon the request of the County, Owner shall provide a survey and prepare the
necessary dOcln C11tation and dedicate the land within such flood plain to the County.
4.-' Stormvvater Management Plan. The stormwater/best management practices
("BMP") plan for the Project shall be prepared, and all stormwater management facilities for the
Pro'ect shall be designed and constructed. to accommodate all current stormwater discharge from
Tax Map Parcel 0322AO-02-00-00400 (Northwoods Mobile Home Park Development) and frorn
the existing developments on the northeast and northwest corners of Proffit Road and U.S. Route
?9. specifically the following parcels shown on the current Albemarle Count1 tax maps: tax map
3-2. parcels 38. 38A, 39, and 39A. tax map 32A. parcels 2-1, 2-1A, 2-1AI" 2-113. -1C and 2-1D.
The stormwater management facilities shall mitigate the stormwater quality and quantity
impacts. for the stormwater generated both within the Project and for such existing offsite
conditions as described herein" as though the entire preexisting condition of the drainage arca is
an undeveloped wooded site and is being developed to the existing off-site conditions and the
proposed on-site conditions. In addition, biofihers shall comprise a minimum of thirty_ -three and
one-third percent (33 L`)%') of' the total required parking lot landscaped areas within the
Commercial Area" of the Project, as such Commercial Area is delineated on Sheet G of the
Application Plan ("Sheet G").
4.3 Erosion and Sediment Control.
(a) The Owner shall, to the "maximum extent practicable", provide such
additional appropriate erosion and sediment control measures that exceed State and Local
minimum standards. If there is a disagreement regarding whether- the standard of "maximum
extent practicable is satisfied, the Virginia Department of Conservation and Recreation will be
provided an opportunity to review and advise on such question.
(b) Post -Construction Stormwater Management: The Owner shall, to the
maximum extent practicable, provide post -construction stormwater BMPs that are designed to
achieve an average annual sediment removal rate of 80% as published by the Center for
Watershed Protection in Article 64 of The Practice of Watershed Protection (2000 edition).
These will include, but are not limited to, bioretention, bioretention filters and wet retention
basins.
4.4 Stream Buffer and Restoration. Upon the commencen-ient of the applicable
comment period, the Owner shall notify the County and provide the County with a copy of any
application(s) to the U.S. Army Corps of Engineers and/or DEQ for any stream disturbance. In
addition, if necessary. after first looking on-site for mitigation opportunities available to satisfy
the permitting process, the Owner shall contact the County for a list of off-site opportunities
within Albemarle County for such mitigation. and shall loon: for such mitigation opportunities
off-site.
�'. TRANSPORTATION
5.1 Internal Street Construction Standards. Public streets. which in anv event
shall include at least Leake Road, North Pointe Boulevard_ Northside Drive East and North\�,est
Passage. shall he (i) constructed in accord with the illustrative urban design cross sections shown
on Sheet D-1 to the Application Plan ("Sheet D-1") and also in accordance with VDOT design
standards pursuant to detailed plans agreed to between Owner and N'DOT, and (ii) dedicated for
public use and offered for acceptance into the state highway system. "frees (with a maximum
spacing of fifty (50) feet), landscaping and sidewalks as shown on Sheet D -I shall be installed
and maintained by the Owner in accordance with County or VDOT standards, unless VDOT or
the County agrees in writing to assume this responsibility.
5? Timing of Completion for Internal Streets. Before issuance of certificates of
occupancy, Owner shall complete that segment of an internal street as shown on Sheet D-1
within the Project which serves the building or residence for which a certificate of occupancy is
sought with at least the stone base and all but the final layer of plant -mix asphalt. The final layer
of plant -mix asphalt shall be installed within one (1 ) year following the issuance of the first
certificate of occupancy for a building or residence served by the affected street segment.
�. Road Improvements. Owner shall design and construct all of the road
improvements referenced in Sections 5.3.1(a). 5.3.1(b) and 5.3.1(c) below, which are also shown
on Sheet D-1 to the Application Plan and on Sheet E to the Application Plan entitled "External
Road Improvement Plan" ("Sheet E-) (collectively, the "Road Improvements'), unless such
Road Improvements are first constructed or bonded by others. The various phases of the Road
Improvements are also shown for illustrative purposes on a color -coded copy of Sheet B that is
attached hereto as Exhibit B. Owner shall dedicate to public use an_y required right-of-way that it
now or hereafter owns in fee simple. For purposes of this Section 5.3, the use of the term "road"
as it applies to internal streets shall also have the same meaning as the word "street" in the
Albemarle County Subdivision Ordinance (Chapter 14 of the Albemarle County Code) where
applicable.
5.3.1 Design and Phasing. All Road Improvements shall be designed and phased as
follows:
Design. The Road Improvements shall be shown on detailed road plans satisfying
VDOT design standards which shall be submitted by the Owner for review and, when
satisfactory, approved by VDOT and the County (except for the Road Improvements to U.S.
Route 29, which shall be subject only to VDOT approval) (hereinafter, the "Approved Road
Plans"). The Approved Road Plans shall show the width and length (except as specified in
Sections 5.3.1(a)(1)(ii) and (v) and Section 5.3.1(b)(I)(i)), location, type of section, and
geometrics of all lane improvements as required by VDOT design standards. All of the Road
Improvements shall be constructed in compliance with the Approved Road Plans. The Road
Improvements to U.S. Route 29 shall be based on the then -current VDOT design speed and
cross -slope requirements. Notwithstanding the provisions of this paragraph to the contrary, in
the event that the internal residential street designs as shown on Sheet D-1 are not accepted by
VDO f. the Owner shall submit detailed road construction plans for such streets to the County for
review and, when satisfactory, approval, subject also to the County's approval of private streets
under the Subdivision Ordinance (Ch. 14 of the Albemarle County Code).
Phasing. The Road Improvements shall be constructed and completed in three
phases as set forth below:
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(a) Phase I Road Improvements. Prior to approval of the first commercial
subdivision plat or site plan within the Project. Owner shall obtain all associated permits and post
all associated bonds required for the construction of the following. (collectively, the "Please 1
Road hnprovements"):
( I ) Southernmost Entrance on L'.S. Route 29:
(i) U.S. Route 29 Southbound — correction of the vertical
curvature in the roadway just north of the entrance.
(ii) U.S. Route 29 Southbound construction of a continuous
12 loot wide through lane (with shoulders or guard rail as required by VDOT) starting at a point
that is 1000 feet north of the southernmost entrance and extending south to Airport Road.
(iii) U.S. Route 29 Southbound — construction of' dual left turn
lanes with taper at the crossover.
(Iv U.S. Route 29 Southbound — construction of right turn lane
with taper to serve northernmost entrance to SR 1515.
(v) U.S. Route 29 Northbound construction of a continuous
12 foot wide through lane (with shoulders or guard rail as may be required by 'DOT) extending
from Proffit (Airport) Road (Route 649) to the Northwest Passage entrance.
(vi) U.S. Route 29 Northbound — construction of a right hand
turn lane at the Southernmost entrance, the geometrics of which will be subject to VD071
approval.
(vii) U.S. Route 29 Northbound — construction of left turn lane
with taper into SR 1515.
(viii) SR 1515 Eastbound — construction and/or restriping to
provide left turn lane with taper.
(ix) Installation of a traffic signal with 8 phase timing, video
detection and associated intersection improvements at the intersection with U.S. Route 29.
(x) Close existing crossover at U.S. Route 29 and
Southernmost Entrance to SR 1515.
and U.S. Route 29.
(xi) Proposed Entrance Road between North Pointe Boulevard
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(2) North Pointe Boulevard. Leake Road and Proffit Road:
(i) Leake Road and North Pointe Boulevard, in accordance
with the design cross-sections shown on Sheet D-1, from Proffit Road to either Northside Drive
Last or, if' Northside Drive East has not vet been constructed to the roundabout at North Pointe
Boulevard, North Pointe Boulevard shall be extended to Northwest Passage. The Owner shall
provide a fifty (50) foot public right-of-way along Leake Road and shall construct a two-lane
public street to be accepted by VDOT and as much of the other improvements shown on the
cross-sections as possible within the available right-of-way, as reasonably determined by the
County Engineer.
(ii) The roundabout, or such other improvements as may be
approved by VDOT and the County, at the intersection of Leake Road and Proffit Road shown
on Sheet B and an additional westbound right turn lane on Proffit Road from Leake Road to t 1.5.
Route 29 as shown on Sheet E. In addition, for property acquisition that is required for the off-
site public right-of-way, for construction of the improvements required by this Section
5.3.1('a)(2)(ii), the Owner shall make a cash contribution or provide a letter of credit in a Corm
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 (1 50%) of the County's fair market value appraisal prepared for acquisition
and condemnation purposes. The cash contribution or letter of credit described in this Section
5.3.1(a)(2)(ii) shall be used to pay for the total cost of the right of way acquisition. The total cost
of the right of way acquisition for the off-site property necessary to construct the improvements
required by this Section 5.3.1(a)(2)(ii) shall include the normal costs associated with acquiring
land. buildings, structures, easements and other authorized interests by condemnation or by
purchase including, but not limited to. land acquisition, engineering, surveying, and reasonable
attorneys 1'ees. The cash contribution or the letter of credit shall be provided by the Owner
within thirtN (30) days upon request by the County. If the property is acquired by Purchase. the
contribution for the purchase price shall not exceed one hundred fifty percent (150° 0) of the
County's fair market value appraisal prepared for condemnation purposes without the consent of
the Owner. if the cost of the right of way acquisition exceeds the amount previously contributed.
then the Owner shall reimburse the County all such excess costs within thirty (30) days upon
request by the County. The County shall refund to the Owner all excess contributions upon
completion of the land acquisition.
(iii) Intentionally Omitted
(iv) An additional through lane eastbound on Proffit Road from
U.S. Route 29 to the roundabout at the intersection of Leake Road and Proffit Road. In addition,
for property acquisition that is required for the off-site public right-of-way for construction of the
improvements required by this Section 5.3.1(a)(2)(iv), the Owner shall make a cash contribution
or provide a letter of credit in a form approved by the County Attorney for such purpose in the
amount as deemed necessary for the property acquisition by the County Attorney, provided that
such amount shall not exceed one hundred fifty percent (15001o) of the County's fair market value
appraisal prepared for acquisition and condemnation purposes. The cash contribution or letter of
0
credit described in this Section 5.3.1(a)(2)(iy) shall be used to pati for the total cost oftllc right of
\v av acquisition. The total cost of the right of way acquisition for the off-site property necessary
to construct the improvements required by this Section 5.3.1(a)O(1y) shall include the normal
costs associated with acquiring land, buildings, structures, casements and other authorized
interests by condemnation or by purchase including, but not limited to. land acquisition.
engineering, surveying, and reasonable attorneys fees. The cash contribution or the letter of
credit shall be provided by the Owner within thirty (30) days upon request by the County. Ifthc
property is acquired b� purchase, the contribution for the purchase price shall not exceed one
hundred fifty percent (150%) of the Countv's fair market value appraisal prepared for
condemnation purposes without the consent of the Owner. If the cost of the right of way
acquisition exceeds the amount previouslN contributed, then the Owner shall reimburse the
CCount% all such excess costs within thirty (30) days upon request by the County. The County
shall refund to the Owner all excess contributions upon completion of the land acquisition.
Completion of the Phase I Road Improvements. Within fifteen ( 15) months
alter the issuance ol' the first building permit for a commercial building within the lands subject
to the first commercial subdivision plat or site plan within the Project. or prior to the issuance of
a certificate of occupancy for such building, whichever is earlier, all of the Phase 1 Road
Improvements shall be accepted by VDOT for public use or bonded for VDOT's acceptance if
such Road Improvements are a primary highway, or accepted by VDOT for public use or bonded
to the CountN for VDOT's acceptance if such Road Improvements are a secondary highway .
(b) Phase II Road Improvements. Prior to approval of the first site plan that
would authorize the aggregate commercial. office and hotel gross floor area as shown on Sheet A
within the Project to exceed two hundred ninety thousand ('90,000) square feet. Owner shall
obtain all associated permits and post all associated bonds required for the construction of the
following (collectively, the "Phase 1I Road Improvements"):
( I ) Middle Entrance on U.S. Route 29 (Northside Drive East,'SR
1570):
(i) U.S. Route 29 Southbound — construction of a continuous
12 loot wide through lane (with shoulders or guard rail as may be required by VDOT) starting at
a point that is 1000 feet north of the Middle entrance and extending to the point where it
connects with the portion of the lane constructed pursuant to Section 5.3.1(,1)(1 )(ii).
(ii) U.S. Route 29 Southbound - construction of dual left turn
lanes with taper.
(iii) U.S. Route 29 Southbound — construction of a right turn
lane with taper.
(iv) U.S. Route 29 Northbound — construction of a right hand
turn lane at the Middle Entrance. the geometries ofwhich will be subject to VDOT approval.
7
(v) U.S. Route 29 Northbound — construction of left turn lane
with taper.
(vi) SR 1570 Eastbound construction of or restriping of lanes
to result in separate left, through and right turn movements.
(vii) Entrance road westbound installation of a traffic signal
with 8 phase timing, video detection and associated intersection improvements on U.S. Route 29,
0- -)(viii) Existing crossover at Cypress Drive — construction
to close the crossover.
(ix) Frontage road from Cypress Drive to SR 1570 —
construction of a public street to serve properties currently accessing U.S. Route 29 through
Cypress Drive.
(2) Northside Drive East between U.S. Route 29 and North Pointe
Boulevard as shown on Sheet D-1.
Completion of the Phase II Road Improvements. U'ithin fifteen (15) months
after the issuance of the first building permit for a building within the lands subject to the first
subdivision plat or site plan that would authorize the aggregate commercial, office and hotel
gross floor area as shown on Sheet A within the Project to exceed two hundred ninety thousand
09(1,000) square feet, or prior to the issuance of a certificate of occupancy for any building that
causes such gross floor area to exceed two hundred ninety thousand (290,000) square feet,
whichever is earlier, all of the Phase II Road Improvements shall be accepted by VDOT for
public use or bonded for VDOT's acceptance if such Road Improvements are a primary
highway, or accepted by VDOT for public use or bonded to the County for VDOT's acceptance
if such Road Improvements are a secondary highway.
(c) Phase III Road Improvements. Prior to the earliest of: (i) the approval
of the first subdivision plat or site plan that would authorize the aggregate number of dwelling
units within the Project to exceed five hundred thirty-three (533); (ii) the approval of' a
subdivision plat or site plan for any development of either the Virginia Land Trust Property (Tax
Map 32. Parcel 22K) or the Jackson Trust Property (Tax Map 32. Parcel 221-I) or any portion
thereof_ or ("iii) the five (5) year anniversary of the date of issuance of the first certificate of
occupancy for a building or premises within the Project, Owner shall obtain all associated
permits and post all associated bonds required for the construction of the following road
improvements to the extent any such road improvements have not already been completed:
Route 29:
%, ith taper.
(1) Northernmost Entrance (opposite Lewis & Clark Drive) on U.S.
(i) U.S. Route 29 Southbound — construction of left turn lane
N
(ii) Northwest Passage from U.S. Route 29 to North Pointe
Boulevard.
(iii) U.S. Route 29 Northbound — construction of a right hand
turn lane, the geometries of'which will be subject to VDOT approval.
(iv) If not already constructed, North Pointe Boulevard between
Northside Drive Fast and Northwest Passage.
(N ) If the traffic signal to be constructed by others is in place
prior to Owner commencing work on this Northernmost Entrance. and such traffic signal onIN
includes three legs, Owner shall add the fourth leg to the signal, Nvhich shall include additional
mast arms. signal heads and ancillary equipment necessary to support Northwest Passages use
of the intersection, as determined by VDOT. If such traffic signal is not in place and the
vehicular traffic generated by the Project causes the VDOT signal warrants to be met. and VDO"I
requires that a traffic signal be installed as a condition of the entrance permit. Owner shall install
such traffic signal.
(�) Notwithstanding any other provision contained in this Proffer
Statement, within one hundred eighty (180) darts after written notice from the Countv that it
intends to build an elementary school on the School Lot (as "School Lot'' is defined in Section
9.1 ), the Ovvner shall submit road plans for the construction of Northwest Passage from North
Pointe Boulevard to U.S. Route 29 to VDOT and to the Countv for review. and when
satisfactory, approval. Furthermore, within twelve (12) months after issuance of the building
permit for construction of the elementary school, and if not already completed, Owner will
complete (i) Northwest Passage from North Pointe Boulevard to U.S. Route 29, (ii) the
improvements set forth in Section 5.3.1(c)(" 1) above, and ( iii) North Pointe Boulevard from
Northside Drive East to Northwest Passage. To allow the development of the School Lot, the
Owner shall grant all temporary easements as necessary to allow ingress and egress for vehicles
and construction equipment, grading, the installation and maintenance of' erosion and sediment
control structures or measures. and anv other associated construction easements, as such
temporary easements are shown on the subdivision plat or site plan for the School Lot and
mutually agreed to by the Owner and the developer of the School Lot.
Completion of the Phase III Road Improvements. Within twelve (12 ) months
after the occurrence of the applicable event in Section 5.3.1("c) which required the Owner to
obtain all associated permits and post all associated bonds required for the construction of the
Phase III Road Improvements, all of the Phase III road improvements shall be accepted by
VDOT for public use or bonded for VDOT's acceptance if such Road Improvements are a
primarti highway, or accepted by VDOT for public use or bonded to the County for VDOT's
acceptance if such Road Improvements are a secondary highway.
5.3.2 -ner shall make a cash contribution to the County
Upon request by the County, O�
or VDOT for the cost of' a cable or wireless radio system that will link one or more of the signals
bctv�een Lewis and Clark Drive and Airport Road, provided. however, that the total cash
contribution shall not exceed thirty-five thousand dollars ($35.000). Subject to matters of force
9
rnajeure, if the County does not request the fiends. or does request the funds but the construction
of the system does not begin by the later of December 31, 2010 or three (3) years after
completion of all of the Road Improvements, said funds shall be refunded to the Owner.
5.3.3 Prior to the approval of plans for improvements at am- U.S. Route 29 intersection.
Owner shall provide VDOT traffic signal network timing plans that VDOT finds acceptably
address the impacts of the proposed traffic signals for peak traffic periods.
5.3.4 Rel4ional Transportation Study; Cash Contribution. Upon request by the
County. Owner shall make a cash contribution of one hundred thousand dollars ($100,000) to the
County for the purposes of funding a regional transportation study for the Route 29 corridor.
which includes the South Fork and North Fork of the Rivanna River and the I Iollymead Growth
Area of which North Pointe is a part. The contribution shall be made within thirty (30) days
alter requested by the County anytime after the rezoning is approved. If the request is not made
within one 0 ) year after the date of approval of the first final site plan for the first commercial
building within the Project, this proffer shall become null and void. If such cash contribution is
not expended for the stated purpose within three (3) years from the date the funds were
contributed to the County. all unexpended funds shall be refunded to the Owner.
V1. OPEN SPACE AREAS AND GREENWAY
6.1 Pedestrian Pathways. All pedestrian pathways shall be classified as shown on
the Pedestrian Pathway Key on Sheet G and, except for the pathways to be constructed by the
Count\'. shall be shown on the subdivision plat or site plan for the underlying or adjacent lands
within the Project. The pathways shall be constructed by Owner as Class A or Class B trails as
identified on Sheet G, and in accordance with the applicable design and construction standards in
the CoLulty's Design Standards Manual. Such construction shall be in conjunction with the
improvements for the subdivision plat or site plan, as the case may be, and bonded with the
streets if the pathways are a subdivision improvement, or with a performance bond if the
pathways are a site plan improvement. The pathway shown on Sheet G along Flat Branch north
and south of Northside Drive East shall not continue through a culvert if a culvert is used for the
stream crossing. The pathway intended for the culvert between Park E and Park F under North
Pointe Boulevard shall conform to the applicable standards in VDOT's "Subdivision Street
Guidance' and Owner shall maintain the pathway if it is not accepted by VDOT for
maintenance.
6— Lake. Upon request by the County, Owner shall dedicate to the County the lake
shown on the Application Plan for public use, provided that such lake will be available for use by
Owner for stormwater management as described in Sheet C to the Application Plan entitled
"Stormwater Management and Stream Conservation Plan" ("Sheet C").
VII. THIS SECTION INTENTIONALLY DELETED
10
V111. PUBLIC INFIZASTRUCTURE AND FACILITIES PROFFERS
8.1 Branch Librarv.
(a) pon request by the County, Owner shall dedicate to the County the fee
simple interest in the land shown on Sheet B as a library. consisting of a 15.000 square foot bulk
graded pad site. with utilities. to accommodate a 11500 square loot building footprint, a five
Coot perimeter strip and up to a 25,000 square foot building. together with a nonexclusive
casement to the adjacent common area for ingress, egress, construction staging and sufficient
County Code required parking, stormwater detention and water quality facilities for the location
of, a freestanding Jefferson -Madison Regional Library and such other uses that are compatible
with the proposed surrounding uses. as determined by the County (the "Library Lot").
Notv,vithstalding the terms of the prior sentence to the contrary, i1'the requirements for the library
buddinL, require a larger building footprint.. the Couim may authorize the library huilding
footprint to be larger than as stated in the prior sentence, provided, however. that the size oi' the
area shown as "Pari: H" on Sheet B ("Park IT) and/or the size of the adjacent parking area
immediately north of the Library Lot on Sheet B (the "Library Parking Lot") shall be adjusted
accordingly to accommodate such larger building footprint. The Owner shall not be responsible
for any utility tap fees, but Owner shall complete construction of the Library Parking Lot and
other parking areas serving the Library Lot. The Owner shall permit the County to use the
library Parking Lot and/or, if not already constructed. Park 11. for purposes of' construction
staging. Within twelve (I'-) months after written notice from the Count) that it intends to begin
construction of the library, the Owner shall make the access roads and the area of the LibrarN
Parking Lot available with at least a four inch compacted stone base for use as access and
construction staging. Such street access serving the Library Lot and the Library Parking Lot
shall be completed and available for use no later than ten (10) months after issuance of the
building permit for the library, provided, however, that asphalt pavement in areas used for
construction staging by the County shall not be required to be installed until thirty (30) days (or
such longer reasonable time as may be necessary due to weather conditions) after the County has
removed its construction -related materials and equipment. Upon the request of the County, Park
I1 shall also be dedicated to public use., but the Owner shall not be responsible for maintaining
such park. Owner shall be responsible for maintenance of the Library Parking Lot and other
parking spaces serving the Library Lot and the County shall have no obligation to be a member
ol' anv owner's association. The County's request for dedication of the land for the Library Lot
and Park I l shall be made within three (3) vears following the latter to occur of (i) issuance of the
first residential building permit within the Project, (ii) Owner's completion of'the infrastructure
(including but not limited to streets. water, sewer.. electric. gas) required for the use of the
Library Lot. or (iii) December 31, 2010. 11'a request for such dedication is not made within three
( ;) years following the later of these dates, this proffer will be null and void.
(b) Green Roof. In the event that the requirements for the library building
require a larger building footprint. and the County elects to authorize the library building
footprint to be larger than 121,500 square feet pursuant to section 8. ] (a) above. and in the further
cent that the building is developed as a condominium and the County requests the Ov,,ner to
assume ownership for a portion of the larger building. Owner shall accept such oNvnership at a
reasonable price upon which the parties may mutual]\' agree, and shall contribute to the County.
on a pro rata basis based on the proportional size of the portion of the library building owned by
the Owner relative to the size of the library building as a whole, the cost of designing and
constructing such building. These costs may include, if desired by the County, installation of a
"green roof," and any additional expenses associated with structurally reinforcing the roof as
necessary to support the green roof. Within ten (10) days after receipt of a request for payment
by the County that is accompanied by documentation to support the progress payment amount as
provided in the construction contract, the Owner shall submit such payments to the County.
.Alternatively, in the event the County elects to design the library building as a Leadership in
Energy and Environmental Design ("LEED"') building, the Owner shall contribute to the County,
on a pro rata basis based on the proportional size of the portion of the library building owned by
the Owner relative to the size of the library building as a whole, the additional costs of
constructing the library building to obtain LEED certification for the building. Within ten (10)
days after receipt of a request for payment by the County that is accompanied by documentation
to support the progress payment amount as provided in the construction contract, the Owner shall
submit such payments to the County. The design of the green roof, or the criteria utilized to
obtain the LEED certification, as applicable, shall be in the County"s discretion.
8.2 Affordable Housing. Subject to the terms and conditions of this Section
8.2, the Owner shall provide a minimum of forty (40) "for -sale" residential dwelling units as
affordable dwelling units, a minimum of sixty-six (66) "for -rent" residential dwelling units as
affordable dwelling units.. and a minimum of four (4) Carriage House Units (as Carriage House
Units are defined in Section 8.2(d)). The forty (40) "for -sale" residential dwelling units shall be
comprised of the following types of dwelling units: twelve (12) from multi -family; twelve (12)
from "other" (consisting of townhouses, duplexes. attached housing, condominiums in the
commercial areas and other unidentified housing types); and sixteen (16) from single family
detached, each at the sale prices and under the terms and conditions set forth in this Section 8.2.
The Owner shall convey the responsibility of constructing the affordable units to the subsequent
owners of lots within the Property.
(a) Multi -Family and "Other For -Sale Affordable Units. For multi -family
and "other' for -sale affordable dwelling units within the Property, such affordable units shall be
affordable to households with incomes less than eighty percent (80%') of the area median family
income (the "Affordable Unit Qualifying Income"), such that the housing costs consisting of'
principal, interest, real estate taxes and homeowners insurance (PITI) do not exceed thirty
percent 009,/0) of the Affordable Unit Qualifying Income, provided, however, that in no event
shall the selling price of such affordable units be less than the greater of One Hundred Ninety
"thousand Four Hundred Dollars ($190,400) or sixty-five percent (65°/%o) of the applicable
Virginia Housing Development Authority ("VHDA") maximum mortgage for first-time home
buyers at the beginning of the 90 -day identification and qualification period referenced in
Section 8.2(f).
(b) Single Family Detached For -Sale Affordable Units ("Moderately -Priced
Units"). For single family detached for -sale affordable units within the Propertv ("Moderately -
Priced Units"), such Moderately -Priced Units shall be affordable to households with incomes
less than one hundred twenty percent (1200/0) of the area median family income ('the
"Moderately -Priced Unit Qualifying Income"), such that the housing costs consisting of PITI do
12
not exceed thirty percent (30°-0) of the Moderately -Priced Unit Qualifying Income, provided.
hm� ever. that in no event shall the selling price of' such Moderately -Priced Units be required to
be less than the greater of Two Hundred Thirty Eight Thousand Dollars ($238.000) or eighty
percent (80(�i,) of the applicable VI -IDA maximum mortgage For first-time home bLnVeis at the
hcginning ofthe 90 -day identification and qualification period referenced in Section 8?(f).
(c) For -Rent Affordable Units. For a period of five (5) years following the date
the certificate of occupancy is issued by the County for each for -rent affordable unit, or until the
units are sold as love or moderate cost units qualifying as such under either the Virginia Housing
Development Authority. Farmers Home Administration. or Housing and Urban Development,
Section 8. whichever comes first (the "Affordable Term"), such units shall be rented to
households with incomes less than the Affordable Unit Qualifying Income. No for -rent
aflordahle unit may be counted more than once towards the number of' for -rent affordable
dWelling units required by this Section 8.2.
(i) Conveyance of Interest. All deeds c.onveving any interest in the tor-
rent affordable units during the Affordable Term shall contain language reciting that such unit is
suh.ect to the terms of this Section 8.21(c). In addition, all contracts pertaining to a convevance of
any for -rent affordable unit, or any part thereof, during the Affordable Terni, shall contain a
complete and full disclosure of the restrictions and controls established by this Section 8.2(c).
Prior- to the convevance of anv interest in any for -rent affordable unit during the Affordable
Term. the then -current owner shall notifN the County in writing of the conveyance and provide
the name. address and telephone number of the potential grantee, and state that the requirements
ofthis Section 8.2)(c)(1) have been satisfied.
(ii). Annual Reporting. During the Affordable Term and within ninety
(90) days following the end of each calendar year, the then -current owner shall provide to the
Albemarle County Housing Office a certified annual report of all for -rent affordable units for the
innmediately preceding year in a form and substance reasonably acceptable to the County
I lousing Office. Subject to all federal, state and local housing laws, and upon reasonable notice
during the Affordable Term. the then -current Owner shall make available to the County at the
then -current Owner's premises, if requested, any reports, copies of rental or lease agreements, or
other data pertaining to rental rates as the County may reasonably require.
(d) Carriage House Units. Carriage House Units shall meet the requirements
for a single family dwelling, as defined in the Virginia Uniform Statewide Building Code, shall
he on the same parcel as the primary dwelling unit to which it is accessory, and shall not be
subdivided from the primary residence ("Carriage House Units"). The subdivision restriction
shall be included on the plat creating such parcels and be incorporated into each deed conveying
title to such parcels.
(e) Each subdivision plat and site plan for land within the Property which
includes affordable units (which, for this Section 8?(e) shall include Moderately -Priced Units)
shall designate the lots or units, as applicable. that will, subject to the terms and conditions of
this proper, incorporate affordable units as described herein. The first such subdivision plat or
site plan shall include a minimum of three (3) such affordable units. Thereafter, and until the
l3
total number of affordable dwelling units proffered hereunder shall have been fulfilled, the
Owner shall provide a minimum of three (3) such affordable dwelling units per year. Each final
subdivision plat and final site plan also shall include a running total of the number and
percentage of affordable units previously_ provided and proposed to be provided by the
subdiVision plat or site plan. For purposes of this Section 8?(e), such units shall be deemed to
have been provided when the subsequent owner/builder provides written notice to the County
I -lousing Office or its designee that the unit(s) will be available for sale, as required by Section
8?(1) below. In the event that the Owner provides more than three (3) affordable dwelling units
in a single year. the Owner may "carry over" or "bank" credits for such affordable units, such
that the additional affordable units which exceed the minimum annual requirement may be
allocated toward the minimum number of affordable units required to be provided for any future
year. The maximum number of affordable units that may be carried over or banked shall not
exceed twelve (12) per year. Notwithstanding the terms of this Section 8.2(e) to the contrary,
upon the written request of the Owner, the County may authorize an alternative process and/or
schedule for the provision and/or delivery of such affordable units upon a determination that the
request is in general accord with the purpose and intent of Section 8.2 and/or otherwise furthers
the goals of providing affordable housing in the County.
(f) All purchasers of the for -sale affordable units shall be approved by the
Albemarle County Housing Office or its designee. The subsequent owner/builder shall provide
the County or its designee a period of ninety (90) days to identify and prequalify an eligible
purchaser for the affordable unit. The ninety (90) -day period shall commence upon written notice
from the then -current owner/builder that the unit(s) will be available for sale. If the County or its
designee does not provide a qualified purchaser who executes a contract of purchase during this
ninety (90) -day period, the then -current owner/builder shall have the right to sell the Umt(s)
without any restriction on sales price or income of the purchaser(s), provided, however, that any
unit(s) sold without such restriction shall nevertheless be counted toward the number of'
affordable units required to be provided pursuant to this terms of this Section 8?. The
requirements of this Section 8.2 shall apply only to the first sale of each of the affordable units.
(g) The County shall have the right, from time to time, on reasonable notice
and subject to all applicable privacy laws, to inspect the records of Owner or any successors in
interest for the purposes of assuring compliance with this proffer.
(h) Cash Proffer. Within sixty (60) days after the Board of Supervisors
approval of ZMA 2000-009, the Owner shall cause to be contributed three hundred thousand
dollars ($300,000) cash to the County of Albemarle for the Albemarle I -Lousing Initiative Fund or
such other similar fund as may be established or authorized by the County. The contribution
shall be to fund affordable home ownership loan programs within the Project and other areas of'
Albemarle County, including those provided by non-profit housing agencies such as the
Piedmont ]-lousing Alliance, Habitat for Humanity, and the Albemarle Housing Improvement
Program. I1' such cash contribution is not expended for the stated purpose within five (5) years
from the date the funds were contributed to the County, all unexpended funds shall be refunded
to the Owner.
14
IX. EDUCATIONAL AND OTHER PUBLIC FACILITIES
9,1 Elementary, School Site. Within two hundred seventh 12'70) days following
request hN the Count\,, Owner shall dedicate to the County the land shown on the Application
Plan as "Llementarti School 12.85 Acres Schematic Layout consisting of approximatcIN 1-2.85
acres (or a smaller portion of such land in the County's sole discretion) (the "School Lot"). Prior
to dedication. the School Lot shall be graded and compacted by Owner to a minimum of' 95°,O
compaction as measured by a standard Proctor test with suitable material for building
construction as certified by a professional engineer or as otherwise approved by the County
I-.nuineer to establish a fully graded pad site to accommodate an elementary school. The
recreational field impro\,ements shown on the Application Plan shall be fine graded and have top
soil and soil amendments added, and the mains f -or an underground irrigation s}stem serving the
recreational fields shall be installed. Such improvements shall be reasonably equivalent to those
cxistinu at the recreational fields at Baker -Butler Elementary School. exclusive of any above
ground improvements. The pedestrian pathways as shown on the perimeter of'the School Lot on
the Application Plan shall be reflected on the subdivision plat prepared by Owner creating the
School Lot and the pathways shall be installed when the site is graded for the recreation fields.
The Owner shall provide all utilities to the School Lot. The dedication shall include easements
across Owner's land for access to and use of Storm Water Basins 5 and 10 shown on the
Application Plan. together with all temporary construction easements to allo\A Stormwater Basin
10 to be redesigned and enlarged. if necessary, to accommodate the School Lot stormwater. The
School Lot shall be used as an elementary school site, but if the County determines that the
School Lot will not be used as an elementary school site, it shall be used by the County for part:
and recreational purposes serving both the North Pointe community and the region. If the
County does not request by December 31, 2010 that the School Lot be dedicated, the Owner
shall be under- no further obligation to dedicate the School Lot for the purpose described herein.
but shall, by January 30. 2011, contribute five hundred thousand dollars (5500.000) cash to the
Count\, to be used by the CountN for projects identified in the County's CIP reasonably related to
the needs of- the North Pointe community. and in such event the School Lot may be used for
other residential purposes as approved by the County after request by Owner for an amendment
to the ,Application Plan. After dedication and before the County uses the School Lot for a school
or for pari: and recreational purposes, and if requested by the County, Owner shall maintain the
School Lot until requested by the Count\, to no longer do so. subject to the Owner's right to
exclusive use oi'the School Lot for park and recreational purposes. Such park and recreational
purposes shall be only those uses shown on an approved final site plan or subdivision plat for the
area that includes the School Lot. Upon being requested by the County, Owner shall cease all
use and maintenance of the School Lot and remove all improvements established by Owner that
the County requests be removed. The County shall not be obligated to pay Owner for any
improvements established by Owner that the County retains. The deed of dedication for- the
School Lot shall provide that if the County accepts title to the School Lot and then does not
construct either a part: or a school within twenty (20) years following the date the Board of
Supervisors approves ZMA 2000-009, then upon Owner's request title to the School Lot shall be
transferred to Owner at no expense to Owner.
15
9.2 Bus Stop Turnoffs, Bus Stop Improvements, and Bus Service.
(a) Owner shall construct ten (10) public bus stop turnoffs as shown on the
Application Plan. or otherwise two (2) in the southernmost residential area, four (41 in the
commercial areas and four (4) in the other residential areas, each in a location mutually
acceptable to Owner and the County. The bus stop turnoffs shall be approved with street
construction plans for the Project and bonded and constructed with the streets.
(b) Upon the request by the County. Owner shall contribute the total sum of
twenty five thousand dollars ($25,000) cash towards the design and construction of the above
ground bus stop improvements such as benches and shelters meeting standards established by the
County at each bus stop. If the County does not request the funds, or requests the funds but does
not construct the bus stop improvements by the later of December 31, 2015 or three (3) years
after completion of' the road network that includes the bus stop turnoffs, then subject to matters
of' force majeure, the unexpended funds shall, in the discretion of the County. either be returned
to Owner or applied to a project identified in the County's capital improvements program within
or adjacent to the Project that benefits the Project.
(c) Within thirty (30) days after the introduction of public transportation to
the Project, Owner shall contribute twenty-five thousand dollars ($5,000) cash to the County to
be used for operating expenses related to such service, and shall thereafter annually contribute
Twenty -Five Thousand Dollars ($5,000) cash to the County to be used for operating expenses
related to such service for a period of nine (9) additional years., such that the total funds
contributed to the County pursuant to this Section 92(c) shall not exceed Two Hundred Fifty
Thousand Dollars ($250,000). If the introduction of public transportation to the Project does not
commence by the later of ten (10) years after the Board of Supervisors approves ZMA 2000-009,
or seven (7) years after the date of the issuance of the first certificate of occupancy for the first
commercial building within the Project, this Section 9.2(c) shall become null and void.
X. ACCESS TO ADJACENT PROPERTIES
10.1 Dedication of RilZht-of-Way-Extension to Parcel 22E. Unless the dedication
of public right-of-way and the construction of such street are required in conjunction with the
approval of a subdivision plat under Albemarle County Code § 14-409 and related sections, or
their successors:
Owner shall reserve the fifty (50) foot wide right-of-way located within the area shown
on Sheet B and identified as a "50' R.O.W. Reserved for Future Dedication" connecting a right-
ol-way from the proposed middle entrance road into North Pointe to the southern property line of
Tax Map 32, Parcel ZZE ("TMP 32-22E"). Prior to the issuance of a building permit for
Building 32 as shown on the Application Plan, Owner shall record in the Clerk's Office of the
Circuit Court of Albemarle County, a current, irrevocable deed of dedication dedicating to public
Lise Iirr road purposes, the area labeled "50' R.O.W. Reserved for Future Dedication." Owner
acknowledges that if it is not part of a subdivision plat approved by the County, such offer of
dedication must be first reviewed and approved by the Board of Supervisors and accepted by the
Board. Such deed of dedication shall include the following conditions: ('i) that TMP 32-22E
on
shall have been upz011ed; and (ii) that prior to its use for road purposes, there shall have been
constructed on the land so dedicated a road approved h� the County and accepted by VDOT fol -
public use or bonded for VDOT's acceptance. At the time of the construction ol'the access road
serving Building 32. the Owner shall construct the intersection curb radii or the road serving
I'MP ''1: and extend construction of such road for at least a minimum of one hundred ( 100 )
feet from Northside Drive East. The Owner shall also place at the end of such extended road. a
sign, approved by the County_ advising and notih-ing the public that such right-of-way is the
location o1' a future road extension. Owner shall grant temporary construction casements as
determined necessary by the County Engineer to allow for the road to be extended to TMP 3? -
22F. which construction casements shall be on Owner's property and outside of the dedicated
rfluht-of-vva}, and shall be established by the applicable site plan. No improvements shall be
located within the temporary construction easements until construction of such road has been
completed.
10.1' Access to Tax Map 32A, Section 2, Parcel 4 (current Northwoods Mobile
Home Park Propem). Unless the dedication of' public right-of-way and the construction of
such street are required in conjunction with the approval of a subdivision plat under Albemarle
County Code 5 14-409 and related sections, or their successors:
Owner shall reserve an area in the location labeled "50' R.O.'A'. Reserved for Future
Dedication's at the eastern end of the main commercial access road from U.S. Route '-n on Sheet
B for access to 'Tax Map 32A. Section 2, Parcel 4 ("TMP 3?A-2-4"). Prior to the issuance of a
building permit for Building 6 or Buildings VI through V6.. each as shown on the Application
Plan. \,hichever is earlier, Owner shall record in the Clerk's Office of the Circuit Court of
;Vbemarle County, a current, irrevocable deed of dedication dedicating to public use for road
purposes. the area labeled -50' R.O.W. Reserved for Future Dedication." Owner acknowledges
that if it is not part of a subdivision plat approved by the County, such offer of dedication must
he first reviewed and approved by the Board of Supervisors and accepted by the Board. Such
deed of dedication shall include the following conditions: (i) that TMP 32.A-2-4 shall have been
upzoned, and (ii) that prior to its use for road purposes. there shall have been constructed on the
land so dedicated a road approved by the County and accepted by VDOT for public use or
bonded for VDOT's acceptance. At the time of the construction of the roundabout serving
Building 6 and Buildings VI through V6 the Owner shall construct the intersection curb radii
and extend construction of the road for a distance of at least thirty feet beyond the roundabout.
The Owner shall also place at the end of such extended road, a sign, approved by the County,
advising and notifying the public that such right -of -watt is the location of a future road extension.
Aftcr dedication and before the conditions of the dedication have been satisfied. and if requested
h� the Counth , O%vner shall maintain the dedicated land until requested by the County to no
longer do so_ subject to the Owner's right to exclusive use of the dedicated land 1 -or park.
recreational, and/or greenspace purposes. Upon being requested by the County, Owner shall
cease all use and maintenance of the dedicated land and remove all improvements established by
Owner (if any) that the County requests be removed. Owner shall grant temporary construction
casements as determined necessary by the County Engineer to alto" for the road to he extended
to TMP 3_'A -4, which construction easements shall be on Owner's property and outside of the
dedicated right -of' -way. and shall be established by the applicable site plan. No improvements
17
shall be located within the temporary construction easements until construction of such road has
been completed.
X1. SIGNATORY
12.1 Certificate. The undersigned certify that they are the only owners of the Property,
which is the subject of "LMA -?000-09 and SP 200? -72.
1 1).' The Owner. These proffers shall run with the Property and each reference to
0�vner within these proffers shall include within its meaning, and shall be binding upon.
Owner's successor(s) in interest and/or the developer(s) of the Property or any portion of the
Property.
(Signature Pages Immediately Follow)
This Proffer Statement mai be signed in counterparts and/or �'ia facsini le With the sa11�e
if all signatures were original and on one document
cull force and effect as .
Signatures of Contract Purchaser and All Owners
Contract Purchaser:
NORTH POINTE C>=J kRL9 � LLE. LLC
By: Great Eastern Mk nagement Comp V,
ager
By: L
its.
Date:
COMMONT�ATAITH OF VIRGLNLA
CITY OF CHARLOTTESVILLE
The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that
in, Jr., whose name as President of Great Eastern Management Company, Manager
Charles RotgiVirginia limited liability company, is signed to the
of North Pointe Charlottesville, LLC, a
foregoing Proffer Statement be
the date as of�l l an. 2006, acknowledged the same
before me' my jurisdiction aforesaid on behalf of said limited liability company.
}
Given under my hand this_ day of _� l�1OC16.
My commission expires: � `O' cAa
LSE ALS rotary Public
19
Date:,
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMkRLE
VIRGINIA LAND TRUST
By: -�—
its: Trustee
The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that
Charles William Hurt, whose name as Trustee of Virginia Land Trust, a Virginia land trust, is
Q the date as of S� H Z o 2006,
signed to the foregoing Proffer Statementurisdicbt on aforesaid on behalf of said Trust.
acknowledged the same before me in my j
VVr da of 2006.
Given under my hand this o2 Y
My commission expires: � -- � 3n 2009
[SEAL]
� Notary Public
20 -)4
VIOLET HILL _4SSOCLATES, L.L.C.
its: Manager
Date: I
COMMON-\�TEALTH OF VIRGINLk
COUNTY OF ALBEMARLE
The undersigned Notary Public in and for of ZT o eduri1HillnAssociates. L.L C'd hcreb\7 Ceaifier�haa
Charles Vvilham Hurt whose name as Man
limited liability compare}', is signed to the Proffer Statement bearing the date as of �l_ �? a
�) it acknowledged the same before me in my jurisdiction aforesaid on behalf of said limited
_C
liability company -
and under my this
�` da` of 1, t-, 2006.
My commission expires: ;w''� `� '2009
[SEAL]
Notan' Public
?1
5
Date:,,:
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE
CWE PROPERTIES LIMITED PARTNERSHIP
i
its. General Partner
The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that
Charles William Hurt, whose name as General Partner of CWH Properties Limited Partnership, a
irginia limited partnership, is signed to the foreg
Voing Proffer Statement bearing the date as of
2006, acknowledged the same before me in my jurisdiction aforesaid on behalf of
said partnership.
Given under my hand this day of J 2006.
i
My commission expires: rL
[SEAL]
/ Notary Public
2�1'
EDS' ARD R..I ACK';ON TRUST
B�'. I3ai�1; of America- NA, Trustee
BV:-
✓ its:
Date:
COI\IM0NWE-ALTH OF VIRGLNLA
CITY OF CH ARLOTTESVILLE
Notary Public in and for the jurisdiction aforesaid ereb certifies th
at
The undersigned A.whose name as at
� � S
Trust. is sig h
Bank of America, ror
NA, Trustee of the Edward R 006 w sa6moledged the same before mein my
Statement bearing the date as of 7 ---
jurisdiction aforesaid on behalf of sai Trust.
Given under my hand hday s � of 2006.
My commission expires:
[SE ALI Notary blit
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