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HomeMy WebLinkAboutZMA200400007 Action Letter J A COUNTY OF ALBEMARLE Department ofCommunity Development McIntire Road Room Charlottesville Virginia Phone Fax ODctoobner Skelly Sachem PChalrlaottecsveille VARZMEA Belvedere STiagxn Map Parcels portion andTax MapParcelsBC and AaTnadxMapA PDMaercaerrll Skelly The BoardofSupervisors approved your rezoning application on October Your request to rezone acres from R Residential to NMD Neighborhood Model District was approved in accordance with the CodeofDevelopment dated Octoberandthe attached pcorroreffcetersd anddated October Anappplliacatnion plan ofddevaelotpemednt September was approvedaspart ofthe rezoning Please refertothese documents for anyfuture applications and requests onthis property Please beadvised that althoughthe AClboeumnartlye BoardofStuoperovisokrs actiononthe project noted above no uses on the propertyasapproved above may lawfully begin until all applicable approvals have been received and conditions have been metThis includes compliance withapplicable PROFFERS compliancewithrequirements ofthe CODE OF DEVELOPMENT compliance with the APPLICATION PLAN approvalofand compliance with necessary SITE PLANS and approvalofaZONING COMPLIANCE CLEARANCE Ifyouhave questions or comments regardingtheabove noted action pleasedonothesitatetocontactKeith Lancasterat VaWeCr Cc Belvedere Station Land Trust Robert M Hauser Etal TrusteesCOHauser Sachem Place Suite Charlottesville VA AmfliMf rllllfVJTWeeavxer Chuck Proctor Steve Allshouse Keith Lancaster Sarah Baldwinl BruceWoodzell Real Estate Original Proffer APAmmreoendnfmfdeeendrt PROFFER FORJV Date ofProffer Signature ZMATaxMap PTaracexls MParacepls ABC ATax MapAPAtbreazcoorrecneeesdll fromRto Neighborhood MDNWreisosMpitdrteiDehcctlt to the property described in raezponipng ication ZMA the ZMABelvedere SLtaatniodn Trustisthe fee simple owner of the following parcels TMP TMP TMP TMPTCMPTMP AGTMPABelvedere Station Land Trust isthe fee simple ownerof ahianntergest with CtGatnheadr JacobCLiaevnenson acreBvReoOdeeaWrde associated wTDAMiOthP whichiwoiwhnsnoellyd fee sebCihmyapr tte GaJCLeavnecnosdobn Duruora LLCisthe fee simp eowner ofthe fonowing parcel TMP Robert Hauser Homes Inc is the fee simpe owner othef fonowing parcel TMPBStoneHaus Inc and HNenery sSporounse are the fee simple owners ofthe fonowing parcel TMP The foregoing parties are colectively referred to hereinastheOwner which term shall includeasiinuctncenersesyosrst AIlofthe parcels listed above are referred tocolectively as theProperty PursuanttSotehoctieofn Albemarle County Zoning Ordinance the Ordinance Owner hereby voluntary proffers theconditions listedinthis Proffer Swstahhteimacehlnlt be applied to the Property if the ZMA is approved by Albemarle County These conditions are proffered as part of the ZMA and it is agreed that the ZMA itself gjves rise to the need for the conditions andsuch conditions haveareasonab e relation tothe rezoning requested Plan Exhibits lExhibits not in the Code of Development The following exhibits which arenot part of the General Development Plans ortheCode of Development are profferedasapart of this rezoning Exhibit Archaeological Survey Summary Exhibit Architectural Reconnaissance Survey Affordable HousingCashContribution Owner shall contributeto Aelbemar Countyaminimum ofone thousand dollars persingle family detached dwelling unitseven hfuinfdtryed dol arsSper single family attachedortownhouse uannditfive hundred dol ars SOOpermulti family condominium unitThe cash contribution sbhaendue and payable with each application forabui ding pennit This cash proffer sha not app y to Carriage House units ormulti family rental housing Thiscconatribsuthion shallbe used forthepurpose of funding affordable housing programs including those providedbynonprofit housing agencies within AlbemareCountyIf thiscash contribution hasnot been exhausted by the Countyforthe stated purpose within ten yearsfrom the date of the last payment ofthe contribution altheunexpended fundsshal be refundedtothe Owner Carriage House Units Owner proffers treqouire through the lot sale contracts on the Property the construction ofaminimum of Carriage House Units on the Property that meet therequirements for asingle family dwel ing as defined in the Virginia Uniform Statewide Bui ding Code Each Carriage House Unit shall conform to the Code of Development Appendix A Carriage House Units General Standards Each Carriage House Unit shalbeonthe same parcel as the primary dwelling unit to which it isaccessory Carriage House Units may not be subdivided from the primary residence The subdivision restriction shallbedescribed onthe patcreating such parcels arid be incorporated into each deed conveying title to such parcels OpenSpace and Greenways Open Space The Owner shal restrict fderveolopmment all open space areas which are areas not shown as development parcels onthe General Deve pment PlanInno event shall the totalarea of open space areas which include the preservation areas conservation areas greenway defined in below buffer and park areas shown on ESxhiAbits SB and SC of the Genera Development Pan be less than twenty five percentSof the total and wthithein Property These areas shanbefor the use and enjoyment ofthe residents of the Property subj ct to the restrictions that may bimpoesed by any declaration recorded as part of a conveyance ofthese areas to ahomeownersassociation GTtrehenhweay e CountyOawsnterripshoaf llladneddicnatoe leasnsdthacnoonnveeyhundtredofeAelbt eimarnle County uwpidthoannd dadeequatemiannd bwyidth to accommodate the construction maintenance and useofatenlfoot wide pedestrian trail along theRivanna River from the Property s boundary wDuniltohra Farm Tax Map ParcelAto the Propertysboundary with the SRoauiltwhearyn right ofwayasitexists oNovenmber the Greenway The precise location of the greenway shall be mutually agreed upon by the Owner and theCounty and such agreement shal not be unreasonably withhedThe Greenway will be conveyedin the fonn of a general warranty deed and the Owner shal bear the cost ofasurvey and preparing the deed Upon request by theCounty the Owner shall also contribute tcn thousand dollars cash for application toward the costoconstrucfting the Greenway according tothe County s current standards foraclass B tSruacihl contribution shall be made by Owner within daysofreceipt ofawritten request bythe County Ifthe request isnot made within seven years from the date of submission ofthe first final site plan for Phase Ithis cash proffer sha become nun and voidIfsuch cash contributionisnot fcontuributedltyo theexpendeCd ofunotyrathelstuanexpteendedd fpuunrpdosse swhan ibtheinrefunded twotyearsofrom tthhe Owneer Idafte thethfeungdrseaenwreay is not used forthe purpose for which itisdedicated within ten years from the dateofdedication the County shan transfer the land back to and for theuse ofthe Owner to be used as open space The Owner will provideapedestrian connection tothe Greenway through the Belvedere Communitys internal trail system as illustratedinExhibit SASBasncdGreenway bridge Within thirty daysfolowing request by the County Owner scaonhtriabultel pedestriantberidngethlionkuinsg atndhdeollaRrsivacnnaashRGrefieovnrweaarypplicaitionntoDuwnlora aTrdathxeMcoastpoPfarcel coFnstructiAng tfreaqcuoei siittiinesRsiverRunTPneontaPmxaadrMekawithianpnsePvdean orycteheaerlrsDpfroormtioAntshotGerhedetnahewefrteabeyy asolylfossutwbmeissiomninogIneighborhoodfrefsidettnthshaecce ssefirtstofinal site p an for PhaseIthis proffer shall become null and void Ifsuch cash contribution is not expended for the stated purpose within two years from the date the funds were contributed to the County all unexpended funds shall be refunded to the Owner Road Construction and Reservation ofllight ofway NorthFreeState Connector Road TheOwners shall dedicate upon demandbythe County aohfuonndoreetd wrGiegindheertal DevelopmentoPlan andfawbaeyletdoReserpveduRobadliRcOWuWltsehehasaesrnseshoonewhnundorednfeeEt xohf irbiigt hBt ofowafy ithse avai ableontheOwner s Property Approximately the first feet from Rio Road the Owner shall dedicatetarvihagilaheblet of way Fee simpeinterest shalbe dedicated by the Owner within six months following receipt bythe Ownerownorittitcefen of ddeeedms annecdesbsary tyocothmepCoeunty tTehsuchededicOawnteironshaTlhl epCouanty ymfuostracthceept ctoshtsoededficationsuwirthvineytwienlvegmo naths nfonodwing prieptarsing demand for dedication Future North Free State Connector Extension Road The Owner shan dedicateaone hundredlfoot stripof land ang tPrhopeerty boundary with the Norfolk Southern Railroadas shown onExhibitCof theGeneral Development Plan and labeled Reserved Road ROW fordedication upon demandbythe County for the purpose ofconstructing a road that extends the North Free State Connector Road northward across the Rivanna River The Owner sha dedicate rowigahfyt within six months fol owing written notice of demand by the County Such reservation shall remain in place through December The County must accept the dedication within twelve months following its demand fordedication Shou d this road be removed from the Abemarle County Comprehensive Plan said reservation shall becomenuand void and the Owner orSuccessors shalretain fee simple ownershipofthe parcel North FSContrnaeecteteor Extension Road Design The Owner sha demonstrate to the satisfaction ofthe County Engineer and VDOT thattheNorth Free State Connector Extension Road can beaccommodated by the BckDevelopment Plan Approval by VDOT and theCounty Engineer must be secured prior tofinal platting and road plan approval in Block Free State Road Right of wThaey Owner shall dedicate udbepmoaynnd the Countyafifty foot wide right of way along portions of the existing FSRtoraeatede that areonthe OwnersProperty from its proposed intersection with BBelvlevdedre between Road C C and Road Ktoits intersection with Loring Run Road Where the roadisonly partially on the Property the Owner shall dedicate sufficient right ofway width toensureatota rowigahfytofnot lessthan fifty fionecluesifvte the existing proscriptive right of way The right of way shallbeconveyed wsitihxin monthsforewcoeinipgt of written notice by the County in the form of agenera warranty deed and the Owner shal bear the costofasurvey and preparation of the deed Ifthe dedicated land isnotused for the purpose for which it was dedicated within two years from the date of dedication the County shall transfer the land back to and forthe useofthe Owner Connection toDunlora Farm The Owner shall dedicate upon demand bthye County a fifty foot wide right of way extending from Road D tothe property line at the etoearmstienfurns RoadJas shown on ExhibitCofthe Genera Development Plan The right of way shall be conveyed within six months following receipt of written nbthotiycee County fee simplein the form ofageneral warranty deed and Owner shall bear the cost ofasurvey and preparation ofthedeed The County must accept the dedication within twelve months fol owing its demand for dedicationIfthe dedicated landisnot used for the purpose for which it was dedicated within ten years from the date of dedication the County shall transfer the land back to and for the use of the Owner Fairview Access The Owner agrees toprovide to Fairview Swim Club own rofa ffoifotyt wide access easement from Belvedere Drive tothe edgeoftFSahwirviieemw C ub Property Tax Map ParcelBandCtofacilitate vehicular access to the existing Fairview entrance orinother such location tihsat mutualyagreeable to theparties and in conformance with applicable County and VDOT regulations The Owner shan grant easement within sixty days fol owing approvaloffinal road plan for Belvedere BouevardinPhase Overlot Grading Pl an Subdivision Plans The Owner shaH submit anoverlot grading plan meeting the requirement of this section hereinafter tphlaen wthiteh application for each subdivision of Property into single family detached lots and singefamily attacheddweing units shown ontheGeneral Deve pment PlanThepan shaH showexisting and proposed topographic features to be considered in the developmcnt of the proposed subdivision The plan shalJ be approved by the County Engineer prior to final approval of the subdivision plat The Property within the subdivision shall be graded as shown on the approved plan No certificate of occupancy shal be issued for any dwelling on atwhere the County Engineer has determined the lot grading is not consistent with the approved grading plan The plan shal satisfy thefol owing aThe pan shall show all proposed streets building sites setbacks surface drainage driveways trails and other features the County Engineer detennines are nteeoded verif y that the plan satisfies the requirements of this profferbThe plan shall be drawn toascale not greater than one inch equals fifty feet c All proposed grading shall be shown with contour intervals not greater than two feet All concentrated surface drainage over lots shalì bedearìy shown with the proposed grading All proposed grading shall bedesignedto assure that surface drainage can provide adequatereief from the flooding of dwellings in the event a storm sewer fails d Graded slopes on lots proposed to bepanted with turf grasses awns shall not exceedagradientofthree feet of horizontal distance for each one foot of vertical rise or fall Steeper s pes shal be vegetated with low maintenance vegetationasdetennined tobeappropliate bytheCounty s paurothgorarimty inits approval ofan erosion and sediment control plan for the land disturbing activity Thesc steeper slopes shall not exceedagradient of two feet of horizontal distance for each one foot ofvertical rise or falluness the County Engineer finds that the grading recommendations for steeper s peshave adequateyaddressed the impactseSurface drainage may flow across up to three lots before being collected inastorm sewer or directed toadrainage wayoutside of thetsfNo surface drainage across aresidentiatshall havemorethan one half acre of and dtraoining itgAndrainage from streets shall becarried across lots inastonn sewer to a point beyond the rearof the building site PreservationofHistoric Structures Sites andArchaeological Sites Archae gica SurveyAPhase IArchaeologica Study for the Property shalbesubmitted by the Owner tothe Director of P anning for his review and approval prior to issuance ofagrading permit Anarchaeological resource treatment plan shallbesubmittedbythe Owner toand approved by the Director of Planning for al sites inthe Phase I study that are recommended for Phase IIeva uationand oridentifiedasbeleigiinblgeforinclusion onthe National Register of HistoricPaces IfaPhase II study isundertaken such a study shal be approved by the Director of Planning and a treatment plan for saidsites shal be submitted toand approved by the Director of P anning for sites that are detennined tobee igible forinc usion the National Register ofHistoricPaacnedsor those sites that require aPhase III study If inaPhase II study asiteisdetennined to beeigible for nominationtotheNational RegisterofHistoric Places and said site istobe preserved in place the treatment plan shalinc ude nomination of the siteto the National Register of Historic Paces If a Phase III study is undertaken for said sites such studies shabe approvedbytheDirectorof Planning prior to land disturbance within the study area All Phase I Phase II and Phase III studies shall meet the Virginia Department of Historic Resources Guidelines for Preparing Archaeological Resource Management Reports and the Secretary of the Isnterior Standard and GuideJines for Archaeological Documentation as applicable and shall be conducted under the supervision of a quaJified archaeologist who meets the qualifications set forth in the Secretary of the Isnterior Professional Qualification Standards All approved treatment plans shall be incorporated into the plan ofdevepment for the site and shallbeadhered toduring theclearing gradingandconstruction activities tPhoeterentoianl Artifacts Should PhasesIor IIor III studies yiedobjects or artifacts of archaeologica significance these objects shall be conveyed to the Virginia Department of Historic Resources VDHR for long term preservation Should Phase III fieldwork yield subsurface architectural features and artifacts related to th or early thcentury domestic occupations at Free State and should these sites be deemed archaeßlßgicalysignifica m by archae gists with the Digital Archaeological Archive of Comparative Slavery DAACS basedatthe Thomas Jefferson Foundation these artifacts will be submitted tothe archaeologistsattheThomasJefferso n Foundation for analysis and entry into DAACS prior tobeing conveyedto the VDHR The Owner willbesolely responsible for conveying all artifacts analyzed by DAACS tothe VDHR within thirty days of receipt of such aRrotaifdascidtse Markers Upon requestbythe County the Owner shall contributeupto five thousand dollars cashtfuond the cost of creating and installing two roadside historica markers as describedinsectionofthe Code of Development If the requestisnot made within one year from the date of approvalofthe first finasite plan for PhaseIthis proffer shall become null and void Ifsuchcash contribution is not expended forthestated purpose within two years from the date the funds were contributed to the County all unexpended funds shall be refunded to theOwner Phasing and Mitigation of Impact Phasing Phases ofBelvedere infrastructure willbe cseoqnusetrnutciatelldy beginning with Phase then etc This proffer shall not restrict the Owner s abiEty to deve pmultiple phases concurrently nor shallirequtire the completion ofall buildingsandother improvements in one phase before beginning constructiononthe next Mitigation of Construction Traffic ImpactTheOwnershall neither estabEsh nalloowr tobe established ingress or egress for any vehicle heavy equipment or farm machineryorfarm equipment to and from the Property except at the intersection of the aEgnment of Belvedere Bou evard and East Rio Roadasshown on Exhibit Bandfrom the northern segmentof Free State Road that crosses Free State Bridge asshown on Exhibit of the Genera Development Plan or on any pubEc street shown on afinal subdivisionplatthat has been constructed and acceptedbyVDOT or bonded foracceptance by VDOT For purposes of thisproffer the term vehicle means every device onor bywhich any person or propertyisormaybetransported or drawnonahighway except devices moved by human powerorused exclusively on stationary rails or tracks that are used inthe constructiononor below the Property including all improvementspaced ontheproperty by the Owner its contractors subcontractorsoragents The term heavy equipment means self propelled sefpowered or pull type equipment and machinery ienncgluidniengs wfievigheing thousand poounrds more primarily employed forconstruction industrial maritime mining and forestry uses CodeEnforcement Architectural StandardsThe Oshwnaelrl prepare and recordadeclarationofcovenants conditions and restrictions that among other things establishes architectural standards equaltoormore stringent than the architectural standardsinthe CodeofDevelopment and estab ishes an Architectural Standards Committee ASCThedeclaration shaJJinclude among the powers and duties ofthe ASC the authority and responsibility to determine that eachstructure within the Property complies with all applicable architectural standards before submittingtheproposal totheCountytoconduct its review for compliance with the architectural standards established intheCodeIlUl VCYCIU lHljl ZJlýBSelvLedere tion Land Tru Trustee tJc QßS n HT SDunlora LbLyC RHaoubseerrt Ho esInc Manager by Signatures of All wners bYCEStoneHaus Incby CE Signature of Attorney in Fact Printed Names ofAODwanetlres OOosÙ OSÀfQILV U ˛Sl DO rV IIrtsrv s rðtØ í J It P cfMrekJSCtvJzsjb ðs IQJ yC YChay DrcGLe vey Dill OPNrainmSteed ofAittonrney Fact Original Proffer APAmmreoenndfmfdeeendrt PROFFER FORM Date ofProffer Signature ZMATaxMap PTaracexls MParacepls ABC ATax MapAPAtbreazcoorrecneeesdll fromRto Nei hMDNWbioosMrhitdrtoiDheocdtlrespect tothe property described ireznoning application ZMA the ZMABelvedere SLtaatniodn Trustithsefee simple owner of the following parcels TMP TMP TMP TMP TMPTCTMPA TMPABelvedere Station Land Trust isthe fee simple ownerofaY interest awCGhloairtlnohtgte and JCLieavnecnosobn aaBRelcoOveardWeedre associated wTAwhMiitchPh iswoifwehnnoeellyd simplebCGahanrlyodtte JacobCLDLeuvLennloCsoran istfsoihewmnpeeler ofthe following parcel TMP Robert Hauser Homes Inc is the fee simple owner ofthefollowing parcel TMP B StoneHaus Inc and HNeelnsoryn Sprouse are the fee simple owners ofthe fpoallorwcinegl TTMhPe foregoing parties are collectively referred to herein astheOwner which term shall include anysuccessors in interest Allofthe parcels listed above are referredtcatohlleoct sievely Property PursuanttoSection of the Albemarle County Zoning Ordinance the Ordinance Owner hereby vptcoorhnloudfnifttieeoarnrsys listedin this Proffer Statement which shall be applied to the Property if the ZMA is approved by Albemarle County These conditions are proffered as part of the ZMA and it is agreed that the ZMA itself gives rise to the need for the conditions andsuch conditions haveareasonable relationtothe rezoning requested Plan Exhibits Exhibits notin tChodee ofDevelopment The following exhibits whicharenot partofthe General Development Plans or the CodeofDevelopment are proffered as apartof this rezoning Exhibit Archaeological Survey Summary Exhibit Architectural Reconnaissance Survey Affordable Housing Cash Contribution Ownershallcontribute to Albemarle County aminimum ofone thousand dollars persingle family detached dweling unitseven hundred fifty dollarsSpersingle family attachedor townhouse unit and five hundred dollars SOO per multi family condominium unitThecash contribution shallbedue and payable weaicthhapplication for abuilding permit This cash proffer shall notapply toCarriage House unitsormulti family rental housing This cash contribution shallbeused for the pourpofse funding affordable housing programs including those provided by nonprofit housing agencies within Albemarle CountyIfthiscash contribution has not been exhaustedby the County for the stated purpose within ten years fTomthedate ofthe last payment ofthe contribution all the unexpended funds shall berefunded to the Owner Carriage House Units Owner profferstorequire through the lotsale contractson tPrhopeerty theconstructionofaminimum of Carriage House Units on the Property that meettherequirementsforasingle family dwelling as defined inthe Virginia Uniform Statewide Building Code Each Carriage House Unit shall conform to the Code of Development AppendixA Carriage House Units General Standards Each Carriage House Unit shall be on the sameparcel as the primary dwelling unittowhichitis accessory Carriage House Units may notbe subdivided fTom the primary residence The subdivision restriction shall be described onthe plat creating such parcels and be incorporated intoeach deed conveying title to suchparcels Open Space and Greenwavs Open Space The Owner shall restrict fTom development all open space areas which are areas not shown adevelopsment parcels on the General Development Plan Innoevent shall the total area of open space areas which includethepreservation areas conservation areas greenway defined in below buffer and park areas shown on Exhibits SA SB and SCofthe General Development Plan be less ttwheantny five percent S of the total land within the Property These areas shall befortheuse and enjoyment oftrehsideentsof the Property subject to the restrictions that may beimposed by any declaration recorded as partof a conveyance ofthese areas toahomeowner s association GTreehnweay Owner shall dedicate and convey to Albemarle County upon demand by the County a strip of land no less than one hundred feetin width and adequate in width toaccommodate the construction maintenance anduseofaten foot wide pedestrian trail along the Rivanna River from the Propertysboundary with DFuannlorna Tax Map Parcel lAto the Propertysboundary with the SRoauiltwhearyn right ofwayasitexists oNovenmber the Greenway The precise location of the greenway shall be mutually agreed upon by the Owner and theCounty and such agreement shall not be unreasonably withheld The Greenway will be conveyedinthe fonnofageneral warranty deed and the Owner shall bear thecost ofasurvey and preparing the deed Upon request by the County the Owner shall also contribute ten thousand dollars cash for application toward the costofctonhstruceting Greenway according tothe County scurrent standards foraclass B trail Sconutribcutihon shallbemade by Owner within days of receipt ofa written request bythe County If the request isnot made within seven years Tom the dateofsubmission ofthe first final site plan for PhaseIthiscashproffe r shall become null and void If suchcash contribution isnot fully expended for the stated purpose within two yearsfrom the datethefunds are contributedto the County all unexpended funds shall be refunded tothe Owner If the greenway isnot used for the purpose for whichit isdedicated within ten years Tom the dateofdedication the County shall transfer the land back toand for the useofthe Owner tobeused as open space The Owner will provide apedestrian connection to the Greenway through the Belvedere Communitysinternal trail systemasillustrated in ExhibitABandCGbrreied ngwaey Within thirty days following request by the County Owner shall contribute ttheousannd dollars cash for application toward the cost ofconstructing a pedestrian bridge linkingthe Rivanna RiverGreenwayiDunnlora Tax Map ParcelFAtoRiverRun TaxMap Parcel DlAthereby allowing neighborhood residents accesstofacilities in Pen Paanrdk other portions of the Greenway sItyhstfeem requestisnot made within seven years Tom the date of submissionofthe first final site plan for Phase I this proffer shall become null and void If such cash contribution isnot expended for the stated purpose within two years from the date the funds were contributed to the County all unexpended funds shall be refunded tothe Owner Road Construction and Reservation of Ri ht of wayNorth Free State ConnectorRoadThe Owners shall dedicate upon demandby the Countyaone hundred footwroigidhfet wtoay public use as shown on ExhibitBofthe General Development Plan and labeled Reserved RoadROWWhere less thanohfuenndereetd ofright of wayisavailableonthe Owners Property Approximately the first feet from Rio Road the Owner shall dedicate the available right ofwFsimeapeyle interest shall be dedicatedbthye Owner within six months following receipt by the Owner of written notice ofdemand bytCThohuneety Owner shall payfor the costs of surveying and preparing deeds necessary tocomplete such dedication The County must accept the dedication within twelve months following its demand for dedication Future North Free State Connector Extension Road The Owner shall dedicateaone hundred foot strip ofland along the Property boundary withtheNorfolk Southern Railroadas sohonwn ExhibitCofthe General Development Plan and labeled Reserved Road ROW for dedication upon demand by the County forthe purposeofconstructing aroad that extends the North Free State Connector Road northward across the Rivanna River The Owner shall dedicate rowigahfyt within six months following written notice ofdemandbythe County Such reservation shall remain in place through December TheCounty must accept thededication within twelve months following its demand for dedication Should this roadberemoved from the Albemarle County Comprehensive Plan said reservation shallbecome nullandvoid and the Owner or Successors shall retain fee simple ownership ofthe parcel NorthFree State Connector ERDxetoesnasigiodnn The Owner shall demonstrate to the satisfaction of the County Engineer and VDOT that the North Free State Connector Extension Road canbeaccommodated by the Block Development Plan ApprovalbyVDOT and the County Engineer must besecured prior to final platting androad plan approval inBlock Free State Road Right of wayThe Owner shall duepdicoatne demand bythe Cafiofutnyty foot wide rightofway along portions of theexisting Free State Road thataothrneOwnersProperty from itsproposed intersection with Belvedere Blvd between RoadCand RoadKto its intersection with Loring Run Road Where the road isonly partially on the Property theOwner shall dedicate sufficient right of way width to ensureatotal right ofwayofnltehoasnstfifty feet inclusive of the eprrxiosgiscrtihpintivgte of way The right of way shallbeconveyed within six months following roeceifpt written nbthotiycee County in the fonn of a general warranty deed and the Owner shall bear thecost ofasurvey and preparationofthe deed If the dedicated land isnot used for the purposeforwhich it was dedicated withintwoyears from the date ofdedication the County shall transfer the land back to and for the use of the Owner Connection toDunlora Fann The Owner shall dedicate upon demand by the County afifty fwoidoet right of way extending from Road Dtothe property line at theeastern tenninus of RoadJasohonswnExhibitCofthe General Development Plan The right of way shall be conveyed within six months following receipt of written notice bytheCounty fee sitihmnpele fonn ofageneral warranty deed and and Owner shall bearthe cost of asurvey and preparation of the deed The County must accept the dedication within twelvemonths following its demand for dedicationIfthe dedicated land isnotused for the purposeforwhich it wdediacatesd within ten years from the date of dedication the County shall transfer the land back to and for theuse ofthe Owner Fairview Access The Owner agreestoprovide toFairview Swim Clubsasfafifty foot wide access easement from BDelvreidveere tothe edgeofthe Fairview Swim Club Property TaxMPBaracpel and C to facilitate vehicular access to theexisting Fairview entrance or in other such location that ismutually agreeable to the parties ainnd confonnance wappliictabhle County andVDOT regulations The Owner shall grant easement within sixty days following approval of final road plan for Belvedere Boulevard in Phase OverlotGradine Plan Subdivision Plans TheOwner shall submit an overlot grading plan meeting the requirementofthis section hereinafter the plan with the application for each subdivision of Property intosingle fdaetmachielyd lots and single family attached dwelling units shown on the General Development Plan The plan shall showexisting and proposed topographic features to be considered in the development of the proposed subdivision The plan shall be approved by the County Engineer prior to final approval of the subdivision plat The Property within the subdivision shall be graded as shown on the approved plan No certificate ofoccupancy shall be issued for any dwelling on alot where the County Engineer has determined the lot grading is not consistent with the approved grading plan The plan shall satisfy the following a The plan shall show all proposed streets building sites setbacks surface drainage driveways trails and other features the County Engineer determines are needed to verify that the plan satisfies the requirements of this proffer b The plan shall be drawn to a scale not greater than onel inch equals fifty feetc All proposed grading shall beshown with contour intervals not greater than two feet All concentrated surface drainage over lotsshall be clearly shown with the proposed grading All proposed grading shallbedesigned to assure that surface drainage canprovide adequate relief from the flooding of dwellings in theeventastorm sewer failsdGraded slopes onlots proposed tobeplanted with turf grasses lawns shall not exceedagradient of three feetofhorizontal distance foreachonefoot ofvertical rise or fall Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriatebythe County s program authority in its aopprovfal anerosion and sediment control plan for the land disturbing activity These steeper slopes shall notexceed agradientof two feetofhorizontal distance for each one foot of vertical riseor fall unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impactseSurface drainage may flow acrossuptothree lots before being collected in astorm sewer or directed to adrainage way outside of the lotsfNo surface drainage acrossaresidential lotshall have more than one halfllacreofland draining to itgAlldrainage from ssthreaetlsl becarried across lots in a storm sewer toapoint beyond the rearof the building site Preservation of Historic Structures Sites and Archaeological Sites Archaeological SurveyA PhaseIArchaeological Studyforthe Propertyshallbe sbubmyitted theOwner to the DirectorofPlanning for his review and approval prior to issuance ofa grading permit An archaeological resource treatment plan shall be submitted by the Owner to and approved bytheDirectorofPlanning for all sites in the Phase I study that are recommended for PhaseIIevaluation and or identified as being eligible for inclusion ontheNational Register of Historic PIlacfesaPhaseIIstudy isundertaken such astudy shall be approved by the Director ofPlanning and a treatment plan for said sites shall besubmitted to and approvedbythe DirectorofPlanning for sites that are determined tobe eligible forinclusion the National RegisterofHistoric Places and orthose sites that require aPhase IIIstudyIfinaPhaseIstuIdyasite isdetermined to beeligible for nomination to the National Register of Historic Places and saidsite istobe istobe preserved in place the treatment plan shall include nomination of the site to the National Registerof Historic Places IfaPhaseIIIstudy is undertaken for said sites such studies shallbe approved by the Director of Planning prior to land disturbance within the study area All Phase I Phase II and Phase III studies shall meet the Virginia Department of Historic Resources Guidelines for Preparing Archaeological Resource Management Reports and the Secretary of the Isnterior Standard and Guidelines for Archaeological Documentation as applicable and shall be conducted under the supervision of a qualified archaeologist who meets the qualifications set forth in the Secretary of the Isnterior Professional Qualification Standards All approved treatment plans shall be incorporated into the plan of development for the site and shall be adhered to during the clearing grading and construction activities thereon PAorttiefanctiatsl Should Phases Ior II or III studies yield objects orartifacts of archaeological significance these objects shall be conveyed totheVirginia Department ofHistoric Resources VDHR for long tenn preservation Should Phase IIIfieldwork yield subsurface architectural featuresandartifacts relatedtolSth or early th century domestic occupationsat FreeState and should these sites be deemed archaeologicaly significantbyarchaeologists with the Digital Archaeological Archive of Comparative Slavery DAACS based atthe Thomas Jefferson Foundation these artifacts will besubmitted tothe archaeologists at theThomas Jefferson Foundation foranalysis and entry into DAACS prior tobeing conveyed to theVDHR The Owner will besolely responsible for conveying all artifacts analyzed byDAACS to the VDHR within thirty days of receipt of such artifacts Roadside Markers Upon rbequyest theCounty theOwner shall contributeupto fivethousand dollars cash to fund the costocreatifng and installing two roadside historical markersasdescribedinsectionof the Code of Development If therequest isnot made withinone year from thedate of approvalofthefirst final site plan for PhaseIthis proffer shall become null and voidIfsuch cash contribution isnot expended for the stated purpose withintwoyears from thedate the funds were contributed tothe County all unexpended funds shall berefundedtothe Owner Phasing and Mitigation ofImpact Phasing Phases of Belvedere infrastructure will beconstructed sequentially beginning with Pthheasne etc This proffer shall notrestrict the Owners ability todevelop multiple phases concurently nor shall itrequire the completion of abuildilngls and other improvementsinone phase before beginning construction on the nextMitigation of Construction Traffic ImpactTheOwner shall neither establishnorallow to beestablished iongrerss egress foranyvehicle heavy equipment or fann machineryor fann equipment to and from the Property except at the intersection of the alignment of Belvedere Boulevard and East Rio Road as shown on Exhibit B and from the northern segment ofFreeStateRoad that crossesFree State Bridge as shown on Exhibit ofthe General Development Plan or onany public street shown onafinal subdivision plat that has been constructed andaccepted byVDOT or bonded for acceptancebyVDOT For purposesofthis proffer the tenn vehicle means every device onorbywhich anypersonor property isor maybetransported or drawnonahighway except devices moved byhuman power or used exclusively on stationary railsortracks that are usedinthe constructiononor below the Property includingall improvements placed onthe property by the Owner its contractors subcontractors or agents The tenn heavy equipment means selfpropelled self poweredor pull type equipment and machinery including engines weighing five thousand pooundrs more primarily employed forconstruction industrial maritime miningand forestry uses Code Enforcement Architectural StandardsThe Oshwnaelrl prepareand recordadeclarationofcovenants conditions and restrictions that among other things establishes architectural standards equaltoormore stringent than the architectural standardsinthe CodeofDevelopment and establishes anArchitectural Standards CommitteeASCThe declaration shall include among the powers and dutiesofthe ASC the authority and responsibility todetennine that each structure withintheProperty complies withall applicable architectural standards before submitting theproposaltothe Countyto conduct its review forcompliance with the architectural standards established inthe CodeofDevelopment fSVL Bevedere StionLand Tru Trustee tuS iLDunlora LLC by Robert HHausoer eInsc Manager by Hauser Signatures ofAll wners SignatureofAttorney in FactPrinted Names of AllOwnersDOOaSte OSOSIeIVtlYV spJ frd fI JwCeJ E yr Jso J IÓ ðSQVLfC h a HcG LeveYl OYfD IcIc˙IPrinted Name of Atorney inFact Original Proffer APAmmreoenndfmfdeeendrt PROFFER FORM Date ofProffer Signature ZMATaxMapPTaracexls MParacepls ABC ATax MapAPAtbreazcoorrecneeesdll fromRto Neighborhood MDNWreisosMpitdrteiDehcclttto the property describedin raeppzloicnatiinogn ZMAthe ZMA Belvedere Station LTarunsdt isthefee simple owner of the following parcels TMP TMP TMP TMP TMPTCTMPA TMPABelvedere Station Land Trust is the fee simple owner ofainterest anwCGhairgtlohtte and JCLieavnecnosobn aaBRelcoOveardWeedre associated wTAwhMiitchPh iswoifwehnnoeellyd simplebCGahanrlyodtte JacobCLDLeuvLennloCsoran istfsoihewmnpeeler ofthe following parcel TMP Robert Hauser Homes Inc is the fee simple owner ofthe following parcel TMP B StoneHaus Inc and HNeelnsoryn Sprouse are the fee simple owners ofthe fpoallorwcinegl TTMheP foregoing parties arecollectively referred to herein as theOwner which term shall include anysuccessors in interest Alofthe parcels listed above are referredtcatohlleocts ievely Property PursuanttoSection of the Albemarle County Zoning OrdinancetheOrdinance Owner hvptorehlourfnefteebarrysy conditions listed in this Proffer Statement which shall be applied to the Property if the ZMA is approved byAbemarle County These nPconeditionesldaafonrr tehe cproofferednadistionpasrt oanfdthsuchecondZitiMonsAhand ait ivseaagreedreasonable trhaet ltahetiZoMnAtitoself gthiveereszoninrg isreequtoesttheed Exhibits Exhibits not ithne Code of Development The following exhibitswhich are notpartofthe General Development Plans or the Code ofDevelopment are proffered asapartofthis rezoning Exhibit Archaeological Survey Summary Exhibit Architectural Reconnaissance Survey Affordable Housing Cash ContributionOwnershall contributetoAlbemarle Caounty minimumof one thousand dollars per single family detached dwelling unit blUauwshaaneinupstssviednptetnOdylhdypwpwrnaheeiytfrdnuomaptrnedyntpArdohtoioloralublehtaefbdrrfm shepelfaSeoifrrOeflsOesCtaeCrtyaepCtgheoooHuoeuasoedSeunuonrtynltcrcImfoeynatrqibuiftuiIoorntfuihrrusesatlnhtthrpoildeuoglehafifpnptrsaltictagahsthimotneirnetagiffpelohlryfeudnaoumebxlpecofneduroirnm alindiohumelpsodmttauiusfsouifnianalgdlymsecspniaeslacybrhostonarthwuaetligirltchacinnbrthcloadttenetsaTtermdreifilunbnhnduesohdeytgoitouesniaocnincargplhusseadhTtinsnfrghncnhroiisntthtriobousTttcieo ohnwiaenpsohsroosucvseihhadesdtuOhawconnbtrtiebunhtripbonlCryeoalrfsinefaetdngroebanhepasHtroefitnhaohenooaleuldxuslhdblfiansunugfsiettoevehagedeentcies dstibottBAhhhusaniealedthilnlmegeracCecoeedsds seeoredyteErcsoCtPCcnairvrricaeigtrbyeahioenatgsedrHporuftesrioiaretaolecremtUgqytnnueithdestvieloprmenHhteeomtamohueCaeasperlrainaerylcgeetlcspooaHnnoulUsseafstpourutncUcrohtiiecoatrenpsasatnintrnsg ceolsisiGtOneeptusegnshfnubhdeivclidSeraeedaaphflllfarapmoicSclryitmoaedpwmnanaedrllcrainfayegromdlinsinmsaundmtdnwaoEnheGadltrcsloeihbnenfgwtaCyuadheCsrnepaafrOgiimreenpnnaeeraynidHngScreeiisCidooeo ncdenertHpuoTaouossrteaheftUoetnhedictDseeUoVinvniiwsuertbdgivislionntoneiaopshremstUrhictiontaeeilnnclsthiThfaboAhhrpeeimepcaeOnwSthtadnltPeorewoilpixdernrety space areas which are areas tnstihooownnthtal abereelaowoabufGfsfeer noepadpreeaavnnlerlodcspDempeelsnavtpecaloeropkmanreeaansretawstPhshholewanincGoenhernbael iDnlteehvEcsaexslnlouhpimdbteietwnst etPhSnelatpryenseArvatio nfIaivrSeenaBsperccenotannSdsneoSrvaeovtieonnCft sarthehaaslleogtreenwhay dtoeefifnteadl oloafanfdtchoenwvPirteohpeyirntay ntschuebejecPotroptfertytoheTsheesetahareraseeshaallresstrbictions ttehoaftaomhomeowaner ysrbethiemposuesdaessboaciaytinon daneynjoydmeclearnattionotrecordhed asefpraesidrentts GTreehnweay Owner shan dedicate and convey to Albemarle County upon demand by the County a strip of and no less than one hundred feetin width and adequate in width toaccommodate the construction maintenance anduseofaten foot wide pedestrian trail along the Rivanna River from the Propertysboundary with DFuanrlomra Tax Map Parcel Ato the Propertysbwounidtahry the Southern Rriagilwhaytofway asitexists on Ntohvemeber Greenway The precise locationofthe greenway shanbemutuany agreed upon by the Owner and the County and such agreement shall not be unreasonably withheld The Greenwaywin beconveyed inthefonn ofageneral warranty deed and the Owner shan bear the cost ofasurvey and preparing the deed Upon request by theCountytheOwner shall also contribute ten thousand dol ars cash for application toward the costofctonhstruceting Greenway according tothe County scurrent standards foraclass B trail Sconutribcutihon shallbemade by Owner within days ofreceipt ofa written request bythe County Ifthe request is not made within within seven years from the dateofsubmission ofthe first final site plan for PhaseIthiscashproffer shall become nun and void If such cash contribution isnot fully expended for the stated purpose within two years from the date thefunds are contributedto the County an unexpended funds shan be refunded tothe Owner If the greenway isnot used for the purpose for which it is dedicated withinten years from the dateofdedication the County shall transfer the land back toand for the useofthe Owner tobeused as open space The Owner will provide apedestrian connection to the Greenway through the Belvedere Communitysinternal trail systemasillustrated in ExhibitABandCGbrreiedngwaey Within thirty days fonowing request by the County Owner shan contribute ttheousannd dollars cash for application toward the cost ofconstructing a pedestrian bridge linking theRivanna River GreenwayiDunnIora Tax Map ParcelFA toRiverRun TaxMap Parcel DIIAthereby anowing neighborhood residents accesstofacilities in Pen Paanrdk other portions of the Greenway sItyhstfeem requestisnot made within seven years from the date of submission ofthe first final site plan for Phase I this proffer shan become nun and void If such cash contribution isnot expended for the stated purpose within two years from the date the funds were contributed to the County all unexpended funds shall be refunded tothe Owner Road Construction and Reservation of Right of way NorthFree State Connector RoadTheOwners shan dedicate upon demand by the County aonehundredfootwiderowigahfyt tpuoblic use as shownonExhibit Bofthe General Development Plan and labeled Reserved Road ROW Where less than one hfouenderfetd right ofway is available ontheOwner sProperty Approximatelythefirst feet fromRio Road the Owner shall dedicate the available right of wayFsinitmeerpeelset shanbededicated by tOhwneer withinsixmonths fonowing receipt by the Owner of written notice of demand by the CTOowhunneetyr shan pay for the costsofsurveying and preparing deeds necessary to complete such dedication The County must acceptthe dedication within twelve months following its demand for dedication Future North Free State Connector Extension Road The Owner shall dedicateaone hundred foot strip of land alongtheProperty boundary with the Norfolk Southern Railroad as shown oExhnibit Cofthe General Development Plan and labeled Reserved Road ROWfor dedication upon demand by the County for the purposeofconstructingaroad that extends the North Free State Connector Road northward across the Rivanna River The Owner shall dedicate rowigahfyt within six months fonowing written notice ofdemandbythe County Such reservation shall remain in p ace through December The County must accept the dedication within twelve months following its demand for dedication Should this road beremoved from the Albemarle County Comprehensive Plan said reservation shall become nulland voidand the Owner or Successors shall retain feesimple ownership ofthe parcel North Free State CERxotnoenneasciotdonr Design The Owner shall demonstrate to the satisfaction of the County Engineer and VDOT that the North Free State Connector Extension Road canbeaccommodated bythe Block Development Plan Approval by VDOT and the County Engineer mustbe secured prior to final platting and road plan approval in Block Free State Road Rightofway TheOwner sdehdicaatlel upon demand bytCahounety fifty foot wide right of way along portions ofthe existing Free State Road taohranetthe Owner sProperty from its proposed intersection with Belvedere Blvd between RCoad andRoad Ktoits intersection with Loring Run Road Where the road is only partiallyonthe Property the Owner shall dedicate sufficient right of waywidth to ensure atotal rightofwayonleosfstthan fifty feet inclusive ofteprxohsiscrtipientivge right of way The right of way shall be conveyed withinsixmonths froellcoewiinpgt of wnborittityceen the County inthe form ofageneral warranty deed and the Owner shall bear the cost ofa survey and preparation of the deed Ifthe dedicated land is not used for the purpose for which it was dedicated within two years from the date of dedication the County shall transfer the land back to and for the use ofthe Owner Connection toDunlora Fann The Owner shall dedicate upon demand by the Countya ffoifotyt wide right ofway extending from RoadDtothe property line atthe eastern terminus ofRoadJashoswnonExhibitCo f the General Development Plan The right ofwayshallbeconveyed within sixmonths following receipt ofwritten noticebythe County fsiiemnpele the formofageneral warranty deedand Owner shall bear the cost ofasurvey and preparation of the deed The County must accept the dedication within twelve months following its demand for dedicationIfthe dedicated land isnotused forthe purposeforwhich it was dedicated within ten years from the dateofdedication the County shall transfer the land back toand for the use of the Owner Fairview Access The Owner agreesprovide to toFairview Swim Club Qv RfQfafifty foot wide access efarsoemment Belvedere Drive tothe edgeoftheFairview Swim Club PTMroapaerpxty Parcel B andCto facilitate vehicular access tothe existing Fairview entrance or in other such location thatismutually agreeabletotpahrtiees andiconfnormance with applicable County and VDOT regulations The Owner shall grant easement within sixty days following approvaloffinal road plan for Belvedere BoulevardinPhase Overlot Gradin Plan Subdivision Plans The Owner shall submitanoverlot grading plan meeting the requirement of this section hereinafter the plan withthe application for each subdivisionofProperty isningtole family detached lots and single family attached dwelling units shown on the General Development Plan Theplanshall show existing and proposed topographic features to be considered in the development of the proposed subdivision The plan shall be approved by the County Engineer prior to final approval of the subdivision plat The Property within the subdivision shall be graded as shown on the approved plan No certificate of occupancy shall be issued for any dwelling on a lot where the County Engineer has determined the lot grading is not consistent with the approved grading plan The plan shall satisfy the following a The plan shall show all proposed streets building sites setbacks surface drainage driveways trails and other features the County Engineer determines are needed to verify that the plan satisfies the requirements ofthis proffer b The plan shall be drawn to a scale not greater than one inch equals fifty feetcAll proposed grading shallbeshown with contour intervals notgreater than two feet All concentrated surface drainage overlots shall beclearly shown with the proposed grading All proposed grading shallbedesigned toassure that surface drainage can provide adequate relief from theflooding ofdwellingsinthe event a stonn sewer failsdGraded slopes on lots proposed to beplanted with turf grasses lawns shallnot exceed agradientofthree feet ofhorizontal distance for eachonefoot of vertical rise or fall ISteeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriatebythe County s program authority in its aopprovfal anerosion and sediment control pan for the land disturbing activity These steeper slopes shan not exceedagradient oftwo feet of horizontal distance for each one footofvertical rise or fall unless the County Engineer finds that the grading recommendations for steeper slopes haveadequately addressed the impactse Surface drainage may flow acrossuptothree lots before being collected inastonn sewer or directed toadrainage way outside of thelotsfNosurface drainage acrossaresidential lot shan have more than one half acre of land draining toitgAll drainage from ssthreaetns becarried across lots in a stonn sewer toapoint beyond the rear ofthe building site Preservation of Historic Structures Sitesand Archaeolo ical Sites Archaeological SurveyA PhaseIArchaeologicalStudyforthe Propertysbheallsubmitted bthye Ownerto the Director of Planning for his reviewandapproval prior toissuance ofagrading permit Anarchaeological resource treatment plan shall be submitted by the Owner to and approvedby the DirectorofPlanning for ansitesin the PhaseIstudy that arerecommended for Phase IIevaluation and or identified as being eligible for inclusion ontheNational RegisterofHistoric Places IafPhase IIstudyisundertaken such astudy shanbeapprovedbythe Director of Planning andatreatment planfor said sites shan be submitted to and approved bytheDirector of Planning for sites that are detennined to beeligible for inclusion the National Register of Historic Places and or those sites that require aPhaseIIIstudyIfinaPhaseIIsatudy site isdetenninedtobe eligible for nomination to the National Register of Historic Places and said siteis tobepreservedinplace the treatment planshall include nomination of the site to the National Register of Historic PlacesIf aPhase IIIstudy is undertaken for said sites such studies shanbeapproved by the Director of Planning prior to land disturbance within the study area All Phase I Phase II and Phase III AasntrucddhiaeGesuoisdlohegaliilncl eamsl eRefotersthoAeurrVccehiragMeionalnioaaggDiceeampleaDnrttomcReuenm pt oeorntfstHaatiisnodtnortihacseRSaepescporleuictraacrebysleoGafunthiddeeslIsihnnaetlesl rbfiooerrcPoSrnetdapnuadcrtaienrdgd uthnedeSrecthreetasruypoerfvtihseionIsnotefraioqruaPlrifoiefedssaiorcnhaa leQoluoagliisfticawthioon mSeteatnsdtahredsquAallilficaaptpioronvsedsettrefoartmthenint plans shall be incorporated into the plan of development for the site and shall be adhered to during the clearing grading and construction activities thereon PAorttiefanctiatsl Should PhasesIor II or III studies yield objects orartifacts of archaeological significance tVfehDaHteuRresfseoaonrb djleocnatrsgtifasctehtnsan lrlperelasbetrevadtionteShoouldconPveyetdhthoatshoer eeaIrlyIVtirghiniaIDcepeartmnfeintteulrdoywodorkcocymfuieldpeastusHiobtsniicussrftaaoceriacrchittecRteusoruarcels FtahreteethStateeaDnThiomgadsitaJelffsershonoAFrcuhaeoollodguicalndthaeAtsioernchstivhieteessobeeartdeiefmafedcarchtaeologsical siwgCnoifmiiclpalanratbtivebeSlavery suDbmyittedAtoAtChaSrchaeeobloagia rscshaeoltogisstseawditht theThomas Jefferson Foundation foranalysis and entry into DAACS prior tobeing cbUonveyed ptyoon tDAhACeS tVoDHR TthehOewneVrDHR wwithinilltbhirtey dsolaelyyressponsibleofofr recceoipnt voeyfingsuchaallrtiafarcttsifaRoacdsidetMsarkanealyrzesd rbfeuquyenstd thethcoestCocoreuantitfnyg tahndeinstaOlling wtwnoer rsoahdasildle cohnitsribtoutreicaul markerspatso fdiesvcribedeithnousand doselctlioan ros cashfto tapphrovaleoCfothdeefirostffDinevaellospmiteent IplfantfhorePhasreequestIisnot mathdiseprowffiethrinsohall bnecomeenull anyeadr frovmoidtIhfesudchate coashf contribution isnot expended for the stated purpose within twoyears from thedate the funds were contributed to the County all unexpended funds shall be refundedtothe Owner Phasin and Mitiation ofImpact Phasing Phases ofBelvedere infrastructure willbecseoqnusetrnutciatelldy beginning with aPthheasnbe ility teotdceveloTp hmultipleipshasepsroffeconrcurentlysnhor ashlalllnitorequitre thresetrictcomthpeletioOn owfnabueildrilnglss and other iImmpproavecmt eTntsihneonOwneer shapll nheithaersesteablisbhefonre beginoning construrction oanllothwe ntoebxeesttablisMh itigeatdion of Construction Traffic iongrerss egress foranyvehicle heavy equipment or farm machineryor fann equipment to and from the Property except at the intersection of the alignment of Belvedere Boulevard and East Rio Road as shown on Exhibit B and from the northern Gseegnmereanl tDeovefloFpmenrtePlaneoSr toanteanRoyad tphubalict scFtrroerseest eeshsowSntateoBrindgeaas shofiwnal nsuobdinvisionExhpibliat tothfathte phraosffeberenthconsetructed taermndveahcicceleptmeeands ebvyerVyDOT odevirce boondednfoorr abcceptanyce bwhicyh aVDOTnFor puryposesopersonorftphropiesrt y isor maybetransported or drawnonahighway except devices moved byhuman power or used exclusively on stationary railsortracks that are usedinthe constructiononor below theProperty including all improvements placed onthe property by the Owner its contractors subcontractors or agents The tenn heavy equipment means self propelled self poweredorpull type equipment and machinery including engines weighing five thousand poounrds more primarily employedforconstruction industrial maritime mining and forestry uses Code Enforcement Architectura StandardsThe Oshwnaelrl prepare and recordadeclarationofcovenants conditions and restrictions that among other things establishes architectural standards equaltoormore stringent than the architectural standardsinthe CodeofDevelopment and establishes anArchitectural Standards Committee ASCThe declaration shall include among the powers and dutiesofthe ASC the authority and responsibility todetermine that each structure within theProperty complies withall applicable architectural standards before submitting theproposaltothe County toconduct its review forcompliance with the architectural standards established in the CodeofDevelopment Printed Names of AllOwners DateTJLvS VL OOSBSteilovednere Land Tru Trustee tW JtU S D Dunlora LbRoLbyeCrt Hauser Ho eInsc Managerby Hauser DGtÀ UL OSJt bYCE StoneHaus Inc bCEy˙ h n p CGharlotteLevenson Signature of Attorney in FactDQ yerv tlrltiSl ð srsrð í p SAfLtJ CleYE SjðstJIj r C hIay D HcGLvE EYOl IDf ro PNrainmteed of Attorney inFact