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HomeMy WebLinkAboutZMA201000001 Proffers 2011-05-04Proffer Statement Pantops Ridge Date: March 23, 2011 ZMA #: ZMA 2010 -01 Tax Map Parcel Number: 78 -53 37.5 acres to be rezoned from PD -SC (Planned District — Shopping Center) to R -15 (Residential -15) with proffers Richard T. Spurzem is the fee simple owner (the "Owner ") of Albemarle County tax map parcel 78 -53 (the "Property "), which is the subject of zoning map amendment application number ZMA 2010 -01 known as " Pantops Ridge" (the "Project "). Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed in this proffer statement, which shall be applied to the Property if ZMA 2010 -01 is approved by Albemarle County. These conditions are proffered as part of the zoning map amendment application, and it is acknowledged that the conditions are reasonable. If ZMA 2010 -01 is denied, this proffer statement shall immediately be null and void and of no further force and effect. 1. Hansen's Mountain Road Relocation. The Owner shall relocate Hansen's Mountain Road through the southern portion of the Property, through tax map parcel 78B -OA4, and connecting with Viewmont Court to provide access to U.S. Route 250 at its intersection with Peter Jefferson Parkway, in general accord with the exhibit prepared by WW Associates entitled "Exhibit Showing Glenorchy Rd /Viewmont Ct /Hansen's Mountain Road Realignment with 154' Radius," dated June 7, 2010, last revised March 21, 2011, and attached hereto as Exhibit A, or as otherwise mutually agreed to by the Owner and Albemarle County (the "Relocated Road "), and subject to the following terms and conditions: a. The Owner shall design and construct the Relocated Road (including the intersection improvements at U.S. Route 250 and Glenorchy Drive as shown on Exhibit A) and will use reasonable efforts to acquire or exchange any right -of -way and easements necessary for such construction (if such right -of -way and easement area is not owned by the Owner or Neighborhood Investments LLC), in the form of a written offer to applicable landowners at fair market value based on a current appraisal (not more than ninety (90) days old at the time such written offer is delivered) of such right -of -way or easement. The Owner shall dedicate all land owned by it and by Neighborhood Investments, LLC that is necessary for the construction of the Relocated Road. b. For property acquisition that is required for the off -site public right -of -way and for any required easements needed for construction of the Relocated Road that Owner is not able to acquire, 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 deemed necessary for the property acquisition and easements by the County Attorney, provided that such amount shall not exceed one hundred fifty percent (150 %) of the County's appraisal (not more than ninety (90) days old at the time such written offer is delivered) prepared for acquisition or condemnation purposes. The cash contribution or letter of credit described in this proffer 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 for the Relocated Road shall include the normal costs associated with acquiring land, buildings, structures, easements and other authorized interests by condemnation or by purchase including, but not limited to, land acquisition, engineering, surveying, and reasonable attorneys' fees. If the cost of the right -of -way and easement acquisition exceeds the amount previously contributed above, then the Owner shall reimburse the County all such excess costs within thirty (30) days after request by the County. The County shall refund to the Owner all excess contributions upon completion of the land acquisition. c. Unless sooner required by the Virginia Department of Transportation ( "VDOT ") as a condition of approval for any site plan within the Project, the Relocated Road shall be constructed, bonded and ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the public system, and the County Engineer shall have determined that the Relocated Road is safe and convenient for traffic as a condition of issuance of the first certificate of occupancy within the Project. The Relocated Road shall be deemed complete when it is constructed in conformance with the plans approved by VDOT, the County Engineer has approved it for vehicular travel, and the provisions of paragraph 1(e) have been satisfied. d. The Relocated Road shall be a two -lane road. e. The Owner shall contribute landscaping to the owners of the improved lots within Glenorchy that are located at 101 Viewmont Court, 102 Viewmont Court, 103 Viewmont Court, and 105 Viewmont Court, in an amount not to exceed Five Thousand Dollars ($5,000) per address, to be installed by Owner at Owner's expense on each lot using the plant species selected by the owners of each lot, and in a location selected by the owners of each lot, to provide screening of the Relocated Road. In addition, the Owner shall replace, repair and relocate, as applicable, any mailboxes, mailbox support structures, existing landscaping, or driveways that are damaged or require relocating as part of the construction of the Relocated Road, all at Owner's expense. f. If the Project is approved by the Albemarle County Board of Supervisors, then as part of the first site plan or subdivision plat for the Project, the Owner shall conduct a traffic impact analysis for such plat or plan (the "Traffic Study "). The Traffic Study may determine that one or more of the road improvements listed in subparagraphs 1(f)(1) through 1(f)(v) below is necessitated by the construction of the Relocated Road and /or the development of the Project. The Owner shall construct whichever of those road 2 improvements listed in subparagraphs 1(f)(1) through 1(f)(v) below that the Traffic Study determines are necessitated by the construction of the Relocated Road and /or the development of the Project, which necessitated road improvements shall be constructed on the same terms and conditions, and at the same time as the Relocated Road, as specified in paragraph 1(c) herein. The precise details of each such road improvement (such as the length of a turn lane or an acceleration lane) shall be as determined by the Traffic Study. (i) a right turn lane from Route 250 west bound to Glenorchy Drive. (ii) a dual left turn lane from Route 250 east bound to Glenorchy Drive. (iii) improvements to the Glenorchy Drive approach to the Route 250 intersection so that it includes dual left turn lanes onto Route 250 east bound, one through lane across Route 250 to Peter Jefferson Parkway, and a channelized right turn lane onto Route 250 west bound. (iv) an acceleration lane on Route 250 west bound for traffic turning right from Glenorchy Drive. (v) Upgrades and modifications to the existing traffic signal at the Route 250 /Glenorchy Drive intersection. g. The terms of this paragraph 1 are conditioned upon VDOT not requiring any additional off -site road or traffic improvements (or cash contributions) other than as shown on Exhibit A and as stated in subparagraph 1(f), as a condition of approving any final site plan or subdivision plat within the Property or the Project, or as a condition of issuing any commercial entrance permit necessary for the Project. 2. Density of the Project. The maximum number of dwelling units permitted on the Property shall be Three Hundred Ninety -Nine (399). 3. Mixture of Housin! Types. The housing types within the Project at full build out shall include a mixture of the following types of dwelling units: single family detached, townhouses /single family attached, and apartments. At least fifty percent (50 %) of the dwelling units within the Project at full build out shall be either single- family detached or single- family attached. 4. Architectural Standards. The Owner shall require as part of the covenants for the Project that all buildings within the Project comply with the following architectural standards: a. Neutral colors such as beige, ivory, tan, taupe, brown, and gray shall be utilized for external building materials and surfaces so that buildings blend with the surrounding landscape, not contrast with it. Various shades of brick (including, but not limited to red brick) shall also be permitted. 3 b. White materials shall only be used for trim, gutters, and downspouts. C. Dark colored, non - reflective materials shall be used for the roof of all buildings. For purposes of this paragraph 4(c), "dark colored" shall mean dark brown, dark gray, dark green, charcoal or black. Nothing herein shall preclude the use of a standing seam copper roof or a cedar shake roof. d. If not otherwise required by the Albemarle County Outdoor Lighting Ordinance (County Zoning Ordinance Section 4.17) (the "Lighting Ordinance "), all exterior lighting fixtures within the Project that emit 3,000 lumens or more shall be fixtures that meet the definition of a "Full Cutoff Luminaire" as defined in Section 4.17.3 of the Lighting Ordinance. 5. Trail Easement. As part of the first final site plan or final subdivision plat application for the Project involving any development in the portion of the Property north of the existing power lines, or as part of the first final site plan or final subdivision plat application that would include the two hundred first (201") dwelling unit, whichever is sooner, the Owner shall construct a Class B, Type 2 (as described in the County Design Standards Manual) pedestrian path/trail, a minimum of five (5) feet wide, either through the existing power line easement area crossing the northern portion of the Property, or parallel and to the north of such easement area, subject to the rights of the holder of the power line easement and any required consents thereto. In addition, the design of the Project shall include access to such trail from within the Project. 6. Setback from Culpeper Branch: All dwelling units and other buildings within the Property shall be located at least fifty feet (50') from the edge of Culpeper Branch. 7. Green Space. Not less than fifteen percent (15 %) of the gross acreage within the Property shall be left as Green Space unless the Zoning Ordinance requires a greater percentage. For purposes of this paragraph 7, "Green Space" shall mean the following: Green Space: An area of land covered in grass or other vegetation or a water feature required by the Zoning Ordinance. Uses in green space may include, but are not limited to, stormwater areas, wooded slopes, graded and revegetated slopes of twenty -five percent (25 %) to fifty percent (50 %), required yards on both residential and non - residential lots, landscaped areas, landscaped islands in parking lots, and other land covered in vegetation. Where areas for amenities are vegetated, such as in parks and playgrounds, amenities shall be included in required green space calculations. 8. Buildinst Story Limitation. No building or other structure within the Project shall exceed four (4) stories. 4 9. Bus Stop Turnoff. The Owner shall construct a public bus turnoff with a metal bench with a back within the Project in a location either adjacent to or reasonably accessible to the Relocated Road. The bus stop turnoff shall be approved with road construction plans for the Relocated Road and bonded and constructed with the Relocated Road, or as otherwise mutually agreed to by the Owner and Albemarle County. 10. Approved Site Plan for Shopping Center. Upon (a) the County granting final approval for the first site plan or subdivision plat within the Project after the Board of Supervisors' approval of ZMA 2010 -01, and (b) VDOT issuance to Owner of any and all commercial entrance permits required for construction of the first site plan or subdivision plat within the Project, the existing approved site plan for a Shopping Center at the Property, identified by Albemarle County as SDP 2006 -030, shall be abandoned, if it has not already expired or been superseded by operation of law. 11. Consent of Neighborhood Investments, LLC. Neighborhood Investments, LLC is the owner of tax map parcel 78B -A -4, through which a portion of the Relocated Road would be constructed, and which entity would donate land it owns as necessary for the construction of the Relocated Road. 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