HomeMy WebLinkAbout2008-01-16
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BOARD OF SUPERVISORS
TENTATIVE
JANUARY 16, 2008
LANE AUDITORIUM
COUNTY OFFICE BUILDING
4:00 P.M.
1 . Call to Order.
Work Sessions:
2. ZMA-2006-009 - 5th Street Avon Center.
3. 5:15 p.m. - Recess.
6:00 P.M.
LANE AUDITORIUM
4. Call to Order.
5. Pledge of Allegiance.
6. Moment of Silence.
7. From the Board: Matters Not Listed on the Agenda.
8. From the Public: Matters Not Listed for Public Hearing on the Agenda.
PUBLIC HEARINGS:
9. PROJECT: ZMA-2007-007. McCaulev Crossina. PROPOSAL: Rezone 3.198 acres from R-1 zoning district which
allows residential uses and 1 unit per acre to Planned Residential (PRD) zoning district which allows residential (3-
34 units/acre) mixed with commercial and industrial uses for a total of 30 units. LOCATION: 3226 Proffit Rd,
Earlysville, VA 22911, property is on the south side of Proffit Rd, approximately 1,000 feet east of US 29 in the
Hollymead Community. TAX MAP/PARCEL: 32-35. MAGISTERIAL DISTRICT: Rivanna. (Applicant requests
deferral to February 13, 2008.)
10. PROJECT: ZMA-2007-004. Oakleigh Farm. PROPOSAL: Rezone 8.82 acres from R-6 zoning district which
allows residential uses and 6 units/acre to NMD - Neighborhood Model zoning district which allows residential
mixed with commercial, service and industrial uses and 3 - 34 units/acre. Proposed number of units is 109 for a
density of 12.3 units/acre. LOCATION: 547 Rio Rd West (Rt 631) directly across the street from Woodburn Rd (Rt
659). TAX MAP/PARCEL: 45:26A. MAGISTERIAL DISTRICT: Rio.
11. PROJECT: ZMA 2007-015. DTG Dickerson Road. PROPOSAL: Rezone 2.64 acres from Rural Area (RA)
zoning district which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) to Light
Industrial zoning district which allows industrial, office, and limited commercial uses (no residential use). No
residential units are proposed. LOCATION: approximately 4500 feet north of the intersection with Airport Road (Rt
649) at 4090 Dickerson Rd (Rt 606), on the west side of Dickerson across from Quail Run in the Community of
Hollymead. TAX MAP/PARCEL: 32-9J1. MAGISTERIAL DISTRICT: White Hall.
12. From the Board: Matters Not Listed on the Agenda.
13. Adjourn to January 23, 2008, 1 :00 p.m.
ACTIONS
Board of Supervisors Meeting of January 16, 2008
January 17, 2008
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
. Meeting was called to order at 4:05 p.m., by the
Vice-Chairman, Mr. Slutzky. All BOS members
were present, except Mr. Boyd. Also present
were Bob Tucker, Larry Davis, Wayne Cilimberg
and Ella Jordan.
2. Work Session: ZMA-2006-009. 5tn Street Avon Claudette Grant/Wayne Cilimberq: Notify
Center. Clerk of appropriate date for scheduling public
. HELD. hearing.
. CONSENUS that the public hearing be held on
either March 12 or March 19 if the final
Application Plan and Proffers are submitted, and
outstanding issues are addressed, in a timely
manner that allows appropriate staff review.
3. Recess.
. At 5:28 p.m., the Board went into a Closed
Meeting pursuant to Section 2.2-3711A of the
Code of Virginia under Subsection (3) to consider
the disposition of Dubliclv held proDertv.
4. Call to Order.
. Meeting was called back to order at 6:05 p.m., by
the Vice-Chairman, Mr. Slutzky.
. The Board certified the Closed Meetinq.
6. From the Board: Matters Not Listed on the Agenda. Clerk: Schedule item on January 23ra
Sally Thomas: agenda.
. Moved, which passed by a vote of 5:0, that the Wayne Cilimberq/Larry Davis: Prepare
Board place on its January 23rd Agenda, for information as requested.
further consideration or action, the following
Ordinances which were deferred by the Board at
the conclusion of their public hearings on October
10,2007:
(1) Subdivision Ordinance Amendment - STA-
2007 -00002, with direction to staff to revise
the proposed ordinance to provide that the
holding period for a family subdivision will be
a four year holding period before and after
the subdivision;
(2) Zoning Ordinance Amendment - ZTA2007-
00003, with direction to staff to revise the
ordinance to delete the provisions changing
the critical slopes regulations so that the
ordinance will now only address safe and
convenient access for driveways. In
addition, staff is directed to revise proposed
~4.6.6(d) to provide that the safe and
convenient access regulations will apply to
existing lots unless there is a finding by the
County Engineer that development of the lots
for the first single-family dwelling applying
those regulations would be impracticable;
and
(3) Water Protection Ordinance Amendment -
WPTA-2007-01, with direction to staff to
delete the proposed definition of "rural
areas", because it is a term that is not used
in the ordinance, and to revise proposed
~17-321 to eliminate the redundancy in
subsections (1), (2), and (3) and to simplify
the language, this being a non-substantive
revision for the purpose of clarity.
. DIRECTED staff to identify the differences in the
ordinances proposed that went to the Board on
October 10, 2007 and the ordinances currently
before the Board.
Ann Mallek:
. Moved, which passed by a vote of 5:0, that the Clerk: Forward copy of resolution to State
Board adopt the Wise Energy for Virginia Corporation Commission and Chesapeake
Resolution of Support. Climate Action Network. (Attachment 1)
8. From the Public: Matters not Listed on the Agenda.
. Kim Wilkens and Carmen Rodriguez, speaking
on behalf of Impact, asked for the Board's
support in addressing affordable housing issues
in the community.
. Neil Williamson, on behalf of Free Enterprise
Forum, asked the Board to reconsider the date of
its discussion on the rural areas items so as to
allow adequate time for public enqaqement.
9. ZMA-2007-007. McCaulev Crossina. Clerk: Readvertise public hearing for
. At the applicants request, DEFFERRED ZMA- February 13th.
2007-007, by a vote of 5:0, to February 13,
2008.
10. ZMA-2007-004. Oakleiah Farm. Clerk: Set out applicant's proffers.
. APPROVED ZMA-2007-004, by a vote of 5:0, (Attachment 2)
inclusive of the Application Plan dated 04/30/2007,
revised 12/13/2007, the Code of Development
dated 12/13/2007 and the Proffers dated
01/16/2008.
11 . ZMA 2007 -015. DTG Dickerson Road. Clerk: Set out applicant's proffers.
. APPROVED ZMA-2007-015, by a vote of 5:0, (Attachment 3)
inclusive of the Proffers dated 12/10/2007.
12. From the Board: Matters Not Listed on the Agenda.
Lindsay Dorrier:
. Moved that the Board reconsider its earlier vote
to schedule the rural areas issues on the January
23rd agenda. Due to the lack of a second, the
motion died. He then indicated his opposition to
the motion that he had previously voted for.
13. Adjourn to January 23,2008, 12:30 p.m.
. The meetina was adiourned at 7:21 p.m.
ewj/mrh
Attachment 1 - Wise Energy for Virginia - Resolution of Support
Attachment 2 - Proffers - ZMA-2007-004. Oakleigh Farm
Attachment 3 - Proffers - ZMA 2007-015. DTG Dickerson Road
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Attachment 1
WISE ENERGY FOR VIRGINIA
RESOLUTION OF SUPPORT
WHEREAS, clean air is vital to the health and well-being of all of Virginia's citizens, especially our
children and senior citizens;
WHEREAS, the natural beauty of the Chesapeake Bay as well as our mountains and forested
landscapes is a source of pride and inspiration to the citizens of Virginia and millions of other
Americans who visit our Commonwealth every year;
WHEREAS, the health of our agriculture, forestry, and tourism industries as well as our recreational and
commercial fisheries are important to the economy of Virginia;
WHEREAS, air pollution degrades our scenery, harms our health, compromises our commercial and
recreational fisheries, and damages our streams, forests, and farms;
WHEREAS, Dominion's proposed coal-fired power plant in Wise County would produce at least 12,500
tons (25 million pounds) of hazardous air pollution, including nitrogen oxides, an ingredient of
smog; sulfur dioxide, a major cause of acid rain; and carbon monoxide, which can pose serious
breathing problems for those with respiratory ailments;
WHEREAS, the proposed coal-fired power plant would exacerbate mountaintop removal coal mining in
Southwest Virginia, a practice that permanently destroys mountains, forests, and headwater
streams-treasured and irreplaceable parts of Virginia's natural heritage that provide clean water
to communities, harbor a diversity of plants and animals unequaled in other regions of the United
States, and enrich the lives of residents and visitors alike;
WHEREAS, Southwest Virginia already suffers from extensive blasting, flooding, and water pollution from
mountaintop removal, compromising the economy of the region and residents' health and quality
of life;
WHEREAS, the proposed coal-fired power plant in Wise County would emit more than 5.3 million tons of
carbon dioxide per year, equal to the entire amount of C02 reductions contained in the
Governor's proposal to reduce gasoline usage by 10 percent;
WHEREAS, Virginia is exceptionally vulnerable to global warming. Over 3,300 miles of tidal shoreline is
at risk due to sea level rise; our agricultural sector will likely be impacted by shifting seasons and
weather patterns; increased heat will exacerbate urban heat-related illness and death by as much
as 50 percent, and more;
WHEREAS, Virginia has already contributed its fair share to global warming, with emissions having risen
34 percent between 1990 and 2004, a rate nearly twice the national average;
WHEREAS, Congress is considering several bills, including the "Warner-Lieberman Act" proposed by
Senator John Warner and supported by Senator Jim Webb, to reduce U.S. emissions of global
warming pollution;
WHEREAS, federal climate change legislation is likely to be enacted in the near future, and Dominion
Virginia Power has failed to consider any of the additional costs of greenhouse gas regulation in
preparing the economic analyses of its Wise County Power Plant.
WHEREAS, the Attorney General of New York has subpoenaed Dominion Virginia Power over its failure
to account for its global warming pollution, noting his concern that "Dominion has not adequately
disclosed" to shareholders the "increased financial, regulatory, and litigation risks" associated with
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building the Wise County coal-fired power plant without any plan to capture and sequester the
plant's carbon dioxide emissions;
WHEREAS, Dominion Virginia Power has also failed to account for the rapidly escalating costs of power
plant construction that will be passed on to Virginia ratepayers; as stated in a June 2007 report by
Standard & Poor's, "capital costs of new [power plant] generation ... have risen substantially over
the past three years.";
WHEREAS Governor Kaine's Energy Plan recommends that "Developers of conventional electric
generation capacity that would serve and be paid for by Virginia electric customers should be
required to show, as part of an application for a Certificate of Public Convenience and Necessity,
that the conventional generation is needed after all cost-effective energy-efficiency and
conservation actions have been implemented, and that the conventional generation is less
expensive than new renewable generation capacity;"
WHEREAS, according to a recently released report of The American Council for an Energy Efficient
Economy, Virginia ranks at the bottom of all states, with no spending at all, in utility investments
in energy efficiency, per capita; and
WHEREAS, building a new coal-fired power plant costs ratepayers two to five times as much as
investments in energy efficiency, causing the Western States Governors' Association to observe
that "improving end-use efficiency is the least expensive electricity resource;"
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors, of Albemarle County, Virginia
finds that under present conditions, the construction of a coal-fired power plant in Wise County is
not in the best interest of our citizens; and
FURTHER RESOLVED, that the Board of Supervisors respectfully urge the Governor and the General
Assembly to join in aggressively promoting the implementation of cost-effective energy efficiency,
conservation, and demand-side management programs before any coal-fired power plant is built.
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Attachment 2
PROFFER STATEMENT
Date: January 16, 2008
ZMA#: 2007-00004 Oakleigh Farm
Tax Map and Parcel Number: Tax Map 45, Parcel 26A
8.822 acres to be rezoned from R6 Residential to Neighborhood Model District (NMD)
in accord with the General Development Plan entitled "Rezoning Request for Oakleigh Farm,"
prepared by Terra Concepts, PC, revised through December 13, 2007
(the "General Development Plan")
Oakleigh Albemarle, LLC, a Virginia limited liability company, is the fee simple owner (the "Owner") of Tax
Map 45, Parcel 26A (the "Property") which is the subject of the zoning map amendment application #ZMA
2007-00004 known as "Oakleigh Farm." The Applicant for Oakleigh Farm is also Oakleigh Albemarle,
LLC. The Oakleigh Farm community is herein referred to as the "Project."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby voluntary proffers the
conditions listed in this Proffer Statement, which shall be applied to the Property if the rezoning is
approved by Albemarle County. These conditions are proffered as part of the rezoning and it is
acknowledged that the conditions are reasonable.
1. Affordable Housina.
A. 15% Affordable Requirement. The Owner shall provide a mixture of affordable housing
units and cash in lieu of affordable housing units equivalent to fifteen percent (15%) of the total residential
dwelling units within the Project (the "15% Affordable Requirement"). The affordable housing mixture
shall be comprised as follows:
(i). The Owner shall provide affordable housing dwelling units equal to at least seven
and one-half percent (7.5%) of the total residential dwelling units within the Project in the form of for-sale
or for-lease affordable dwelling units as described in this paragraph 1 (the "Affordable Dwelling Units" or
"Affordable Units"). The Affordable Dwelling Units shall be comprised of one or more of the following unit
types: single-family attached housing (townhouses or duplexes), condominiums or single family detached
units. The Owner or its successor in interest reserves the right to provide the Affordable Dwelling Units in
a variety of ways, utilizing the above mentioned unit types alone or any combination.
(ii) In lieu of each additional affordable dwelling unit that would otherwise be
required to meet the remainder of the 15% Affordable Requirement for affordable housing within the
Project after the Owner has provided the Affordable Dwelling Units referenced in Paragraph 1 (A)(i), the
Owner shall make a cash contribution to Albemarle County for the affordable housing program in the
amount of Nineteen Thousand One Hundred Dollars ($19,100) for each such unit or any portion thereof
(the "Affordable Housing Cash Proffer") such that the number of Affordable Units and the Affordable
Housing Cash Proffer equals the 15% Affordable Requirement as described herein. Any unit for which
the Affordable Housing Cash Proffer is contributed as provided herein shall count as an Affordable
Dwelling Unit for purposes of this Paragraph 1, but as a market rate unit for purposes of Paragraph 2.
The Affordable Housing Cash Proffer shall be allocated among the market rate dwelling units, such that
the number of affordable dwelling units or any portion thereof that would otherwise be required to meet
the requirements of this Paragraph 1 A(ii) and the 15% Affordable Requirement is multiplied by the figure
of $19,100, and that product is then divided by the number of market rate dwelling units within the Project.
The resulting amount shall then be paid to the County prior to the issuance of a building permit for any
building or block of townhouse units within the Project that contain market rate dwelling units, for each
market rate dwelling unit within such building or block of townhouse units, until the 15% Affordable
Requirement has been satisfied. If the number of market rate units or Affordable Units changes after the
first Affordable Housing Cash Proffer is paid, the per unit Affordable Housing Cash Proffer shall be
recalculated and adjusted to assure that the 15% Affordable Requirement is satisfied.
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(iii). Each subdivision plat and site plan for land within the Project shall designate the lots
or units, as applicable, that will, subject to the terms and conditions of this Paragraph 1, be built as
Affordable Dwelling Units, and the aggregate number of such lots or units so designated within each
subdivision plat and site plan shall constitute a minimum of seven and one-half percent (7.5%) of the lots
or units in such subdivision plat or site plan. Notwithstanding the foregoing, however, the Owner may
"carry-over" or "bank" credits for Affordable Units in the event previously built buildings within the Project
provided more than 15% Affordable Units, or in the event the Owner has paid the Affordable Housing
Cash Proffer for an equivalent number of units ("Affordable Credits"). Any such additional Affordable
Credits shall be allocated toward the fifteen percent (15%) minimum for the buildings that remain to be
built within the Project.
B. For-Sale Affordable Units. The for-sale Affordable Dwelling Units shall be affordable to
households with incomes up to 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 homeowner's insurance (PITI) do not exceed thirty percent (30%) of the Affordable Unit Qualifying
Income, provided, however, that in no event shall the selling price of such affordable units be required to
be less than the greater of One Hundred Ninety Thousand Four Hundred Dollars ($190,400) or sixty-five
percent (65%) 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
below. The Owner or his successor in interest may at its option facilitate the provision of down payment
assistance loans to reduce the out-of-pocket cash requirement costs to the homebuyer, such as, but not
limited to a second lien Deed of Trust, so that the resultant first mortgage and housing costs remain at or
below the parameters described herein. All financial programs or instruments described herein must be
acceptable to the primary mortgage lender. Any second lien Deed of Trust executed as part of this
paragraph shall be donated to the County of Albemarle or its designee to be used to address affordable
housing. For purposes of calculating the price of the Affordable Dwelling Units, the value of Seller-paid
closing costs shall be excluded from the selling price of such Affordable Dwelling Units.
C. For-Lease Affordable Dwellinq Units.
(i) The initial net rent for each for-lease Affordable Unit shall not exceed the then-current
and applicable maximum net rent as published by the County Housing Office. In each subsequent
calendar year, the monthly net rent for each for-rent Affordable Unit may be increased up to three percent
(3%). For purposes of this proffer statement, the term "net rent" means that the rent does not include
tenant-paid utilities. The requirement that the rents for such for-lease Affordable Units may not exceed
the maximum rents established in this paragraph 1 C shall apply for a period of ten (10) years following
the date the certificate of occupancy is issued by the County for each for-lease Affordable Unit, or until
the units are sold as affordable units as defined by the County's Affordable Housing Policy, whichever
comes first (the "Affordable Term").
(ii). Conveyance of Interest - All instruments conveying any interest in the for-lease
Affordable Dwelling Units during the Affordable Term shall contain language reciting that such unit is
subject to the terms of this Paragraph 1 (C). In addition, all contracts pertaining to a conveyance of any
for-lease Affordable Dwelling Unit, or any part thereof, during the Affordable Term, shall contain a
complete and full disclosure of the restrictions and controls established by this Paragraph 1 (C). Prior to
the conveyance of any interest in any for-lease Affordable Dwelling Unit during the Affordable Term, the
then-current owner shall notify the County in writing of the conveyance and provide the name, address
and telephone number of the potential grantee, and state that the requirements of this Paragraph 1 (C)(ii)
have been satisfied.
(iii). Reportinq Rental Rates. During the Affordable Term, within thirty (30) days of each
rental or lease term for each for-rent Affordable Unit, the then-current owner shall provide to the
Albemarle County Housing Office a copy of the rental or lease agreement for each such unit rented that
shows the rental rate for such unit and the term of the rental or lease agreement. In addition, during the
Affordable Term, the then-current owner shall provide to the County, if requested, any reports, copies of
rental or lease agreements, or other data pertaining to rental rates as the County may reasonably require.
D. Notification Period; County Cash Option.
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(i). Notification Period. All purchasers of the Affordable Dwelling Units shall be
approved by the Albemarle County Office of Housing or its designee. The then-current owner/builder shall
provide the County or its designee a period of ninety (90) days to identify and pre-qualify an eligible
purchaser for the Affordable Unit(s). The ninety (90) day period shall commence upon written notice from
the then-current owner/builder that the Unit(s) is within one hundred twenty (120) days of completion and,
that on or before the end of such one hundred twenty (120) day period shall be ready for occupancy. 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 or lease the
Unites) without any restriction on sales or lease price or income of the purchaser(s), provided, however,
that any Unites) sold or leased without such restriction shall nevertheless be counted toward the number
of Affordable Units required to be provided pursuant to the terms of this proffer. The requirements of this
proffer shall apply only to the first sale of each of the Affordable Dwelling Units that are purchased.
Nothing herein shall preclude the then-current owner/builder from working with the County Housing
Department prior to the start of the notification periods described herein in an effort to identify qualifying
purchasers for the Affordable Units.
(ii). County Option for Cash In Lieu of Affordable Units. If at any time prior to the
County's approval of any preliminary site plan or subdivision plat for the Property which includes one or
more for-sale Affordable Dwelling Units, the Housing Office informs the then-current owner/builder in writing
that it may not have a qualified purchaser for one or more of the for-sale Affordable Dwelling Units at the
time that the then-current owner/builder expects the units to be completed and that the Housing Office will
instead accept a cash contribution to the Housing Office to support affordable housing programs in the
amount of Nineteen Thousand One Hundred Dollars ($19,100) in lieu of each affordable unit(s), then the
then-current owner/builder shall pay such cash contribution to the County prior to obtaining a certificate of
occupancy for the unit(s) that were originally planned to be Affordable Dwelling Units, and the then-current
owner/builder shall have the right to sell the Unit(s) without any restriction on sales price or income of the
purchaser(s). For the purposes of this proffer, such Affordable Dwelling Units shall be deemed to have
been provided when the subsequent owner/builder provides written notice to the Albemarle County Office of
Housing or its designee that the Affordable Unit(s) will be available for sale.
E. Inspections. The County shall have the right, upon reasonable notice and subject to all
applicable privacy laws, to periodically inspect the records of the Owner or any successors in interest for
the purposes of assuring compliance with this Paragraph 1.
2. Cash for Capital Improvements ProQram. The Owner shall contribute cash to the County in
the following amounts for each dwelling unit constructed within the Property that is not an Affordable
Dwelling Unit. The cash contributions shall be used to address the fiscal impacts of development on the
County's public facilities and infrastructure (i.e., schools, public safety, libraries, parks and transportation)
identified in the County's Capital Improvements Program. The cash contribution shall be paid prior to
issuance of a building permit for each unit in the following amounts:
A. Seventeen Thousand Five Hundred Dollars ($17,500) for each single family detached
dwelling unit that is not an Affordable Dwelling Unit.
B. Eleven Thousand Nine Hundred Dollars ($11,900) for each single family attached
dwelling unit that is not an Affordable Dwelling Unit.
C. Twelve Thousand Four Hundred Dollars ($12,400) for each multi-family dwelling unit that
is not an Affordable Dwelling Unit.
D. Zero Dollars ($0.00) for each Affordable Dwelling Unit.
3. Annual Adiustment of Cash Proffers. Beginning January 1, 2008, the amount of each cash
contribution required herein shall be adjusted annually until paid, to reflect any increase or decrease for
the preceding calendar year in the Comparative Cost Multiplier, Regional City Average, Southeast
Average, Category C: Masonry Bearing Walls issued by Marshall Valuation Service (a/k/a Marshall &
Swift) (the "Index") or the most applicable Marshall & Swift index determined by the County if Marshall &
Swift ceases publication of the Index identified herein. In no event shall any cash contribution amount be
adjusted to a sum less than the amount initially established by these proffers. The annual adjustment
7
shall be made by multiplying the proffered cash contribution amount for the preceding year by a fraction,
the numerator of which shall be the Index as of December 1 in the preceding calendar year, and the
denominator of which shall be the Index as of December 1 in the year preceding the calendar year most
recently ended. For each cash contribution that is being paid in increments, the unpaid incremental
payments shall be correspondingly adjusted each year.
4. Tree Preservation. The Owner has submitted as part of the Code of Development for
Oakleigh Farm a tree protection plan (the "Tree Plan") for thirty-nine (39) trees within the Project, as
shown on the Tree Plan, which specifies tree protection methods and procedures, including fertilizing,
tree protection fencing and mulching which shall be complied with during and after development of the
Project. Prior to the final site plan approval, the Owner shall submit a bond or other form of surety in the
total amount of Twenty-Nine Thousand Dollars ($29,000). The bond or surety shall be submitted to
guaranty the replacement of those trees which are numbered 1, 1A, 2, 3,4, 4A, 5, 6, 7, 8, 9, 10, 14, 16,
17,19,20,21,22,24,25, 27A, 30, 31, 32, 35, 38, 38A, and 44D on the Tree Plan (the "Bonded Trees") in
the event that any of the Bonded Trees die within a period of five (5) years after issuance of the last
residential Certificate of Occupancy within the Project. The bond or other surety shall be in a form
acceptable to the County Engineer and the County Attorney.
5. Pedestrian Easement. The Homeowners' Declaration of Covenants and Restrictions for the
Project shall contain a provision which grants a public right of pedestrian access over all sidewalks within
the Project. This right shall be in perpetuity and the Declaration shall name the County of Albemarle,
Virginia as a third-party beneficiary with the express right to enforce the provisions of such public right of
access.
6. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as
determined by the County's Program Authority, provide additional erosion and sediment controls to
achieve a sediment removal rate of eighty percent (80%) for the Property. (As a reference, current
regulatory structural measures achieve a 60% optimal removal rate.)
WITNESS the following duly authorized signatures:
Owner:
OAKLEIGH ALBEMARLE, LLC,
a Virginia Limited Liability Company
By: (Siqned) Georqe W. Ray, Jr.
Printed Name: Georqe W. Ray, Jr.
Title: Manaqer
8
Attachment 3
Original Proffer X
Amendment
PROFFER FORM
Date of Proffer Signature: 12/10/2007
ZMA 2007-015
Tax Map 32, Parcel 9J1
2.64 Acres to be rezoned from Rural Areas (RA) to Light Industrial (L1)
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily
proffers the conditions listed below which shall be applied to the property, if rezoned with the offered
plans approved for development. These conditions are proffered as a part of the requested rezoning and
the Owner acknowledges that the conditions are reasonable.
1. The Property shall be developed in accord with the "Zoning Map Amendment Plan," dated
October 30,2007, except that the Owner may expand the existing building by up to 2,000
additional square feet to the rear in order to provide additional storage space for a maximum
building size of 6,000 square feet, and may relocate the fenced parking area now shown behind
the existing building to the west end of the existing parking lot.
2. The Owner shall connect to public water and sewer within one year after each of these services
becomes available either along the Dickerson Road frontage of TMP 32-9J1 or within a public
easement adjacent to TMP 32-9J1. Until the applicant has connected to public water and sewer,
the use of the Property shall be limited to a single use permitted by Proffer 3.
3. The use of the Property shall be limited to those uses allowed by right under Section 27.2.1 (2),
(4), (5), (6), (9), (11), (12), (13), (14), (17), (18) and (19) of the Zoning Ordinance of Albemarle
County, Virginia as that Section is in effect on December 12, 2007, a copy of which is attached
hereto as Exhibit A.
Owner/Applicant:
DTG Enterprises LLC
Owner/Applicant's Address:
925 Madison Drive
Earlysville, VA 22936
By: (Siqned) Darren P. Giacalone
Darren P. Giacalone
(Siqned) Tammy L. Giacalone
Tammy L. Giacalone
9
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 2006-00009 5th Street-Avon Center
SP 2007-00004 5th Street-Avon Center-Parking Structure
AGENDA DATE:
January 16, 2008
SUBJECT/PROPOSAUREQUEST:
Request to rezone approximately 86.895 acres from
LI Light Industrial and RA Rural Area (existing
zoning) to PDSC Planned Development Shopping
Center District to include approximately 476,355
square feet of non-residential (commercial) uses
with special use permit for parking structure.
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
STAFF CONTACTlS):
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
and Cilimberg; and Ms. Echols and Ms. Grant
REVIEWED BY:
LEGAL REVIEW: YES
OWNER/APPLICANT PURCHASER:
New Era Properties, LLC and Avon Holdings LLC (TMP 77-11 E)/New Era Properties, LLC, with LeClair Ryan as the
contact and The Cox Company as the consulting engineer.
BACKGROUND:
On November 7,2007, the Board of Supervisors held a work session on the subject request and asked that staff work with
the applicant on the plans and proffers before scheduling a public hearing. The applicant has submitted preliminary
revisions to the plans. The applicant has also submitted revised proffers, which are currently being reviewed by staff. Staff
anticipates that proffers will need to be amended prior to the public hearing. After consultation with staff, the applicant has
submitted revised plans that are conceptual at this juncture and intended to address the Board's concerns discussed
during the work session. Since the revised plans are different from the original scheme, the applicant and staff felt it would
be appropriate to have another work session that would provide the Board an opportunity to see the new plans prior to a
public hearing. If the concept plan addresses the Board's concerns, the applicant will follow up with a complete plan for
review prior to the public hearing.
STRATEGIC PLAN:
GOAL 4: Effectively Manage the County's Growth and Development.
DISCUSSION:
The following revisions to the plan have been made:
The plan shows a change in building and parking locations and circulation, which responds positively to the
Board's concerns about reducing the prominence of the parking area in relation to the buildings. The plan provides
flexibility in building location and provides pedestrian flow in and out of the shopping center more typical to that of a
town center. The revised plan also shows better circulation to town center elements. (See Attachment B)
The revised plan now shows a pedestrian connection to the Willoughby subdivision.
The proposed Bent Creek Parkway, which connects 5th Street, Extended to Avon Street, has been slightly
relocated to the south of the original proposal in order to bypass a portion of the old land fill where it would not be
appropriate to locate a road. The portion of Bent Creek Parkway over the landfill is proposed to be completed by
the time of issuance of a certificate of occupancy for the first building within the project. It would be maintained by
fl
AGENDA TITLE: ZMA-2006-009 5th Street-Avon Center
SP-2007 -004 5th Street-Avon Center-Parking Structure
January 16, 2008
Page 2
the owner as a private road until the County is satisfied that any risk of environmental cost will remain with the
owner and/or VDOT or that the risk can be addressed by a bond or other surety satisfactory to the County as a
condition of acceptance of right of way. The proffers must be revised to reflect these changes. The details of this
revised proposal have not been submitted to the County Attorney's Office for review.
Structured parking options are now depicted.
Pedestrian flow within the development, as well as pedestrian connections outside the development are also now
depicted. The pedestrian flow concept provides for good, centrally located, north-south and east-west access
connecting the commercial zones. Improved external connections have also been shown.
Staffs opinion is that all of the proposed revisions are an improvement to the plan and address the concerns raised by the
Board at its previous work session.
Special Use Permits
While there is a request for a special use permit for a proposed parking structure located in the south sector of the
development, any additional parking structures would be subject to a parking study and subsequent special use permit
request.
BUDGET IMPACT:
This remains a retail oriented development with an anticipated positive fiscal impact.
RECOMMENDATIONS:
Staff believes that the revised plan represents improved conformity to the Neighborhood Model and supports the concepts
provided by the applicant. The staff and applicant seek the Board's guidance/suggestions regarding the revised plan. The
applicant will submit a revised plan after the Board's comments are considered.
ATTACHMENTS:
Attachment A: PC Staff Report dated November 7,2007
Attachment B: Revised Plans dated November 29, 2007 and December 1, 2007
Attachment C: Proffers dated December 3,2007
Ii
.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Fax (434) 972-4012
Phone (434) 296-5832
September 6, 2007
Frank Cox
220 East High Street
Charlottesville, Va 22902
RE: ZMA-2006-00009 5th Street Avon Center (Signs # 48 & 67 & 68)
SP-2007-00004 5th Street Avon Center - Parking Structure (Signs # 78 & 81 & 91)
Dear Mr. Cox:
The Albemarle County Planning Commission, at its meeting on July 24, 2007, recommended approval by
a vote of 6: 1, of the above-noted petition to the Board of Supervisors.
. Please note that this approval is subject to the following conditions:
Rel!ardinl! ZMA2006-00009
1. All proffers to be submitted in writing acceptable to County counsel as stated in the discussions
between staff and the applicant.
2. The proffers shall include, but not be limited to, urban design. The applicant agrees to build the
entirety of the project in accordance with ARB urban design and landscape standards. The portion of
the property that is outside of ARB jurisdiction will be overseen by other staff members.
3. With respect to roads, there shall be substantial completion of all road improvements before the center
is occupied.
4. With respect to the trail link issues, the commitment regarding the pedestrian link on Bent Creek
Parkway, as shown in the power point presentation graphics presented tonight, will be complied with.
5. With respect to transit, the park and ride and transit stops as proposed are adequate. The Bent Creek
Parkway satisfies any cash proffer with respect to transit.
6. The proffer with respect to tree preservation shall be two trees for every tree removed in the
conservation area.
.
7. A licensed arborist will be engaged and assist throughout the construction project for the maximum
preservation of trees on the project.
8. The DEQ work plan will be completed arid in place prior to the first site plan.
BaS.
Attachment A
9. The stormwater proffers are to be drafted consistent with the Biscuit Run standard of 80 percent
erosion control.
10. The reseeding necessary and timing of reseeding will be crafted to meet the stormwater commitment in
the Hollymead A 1 rezoning.
11. The applicant shall satisfY the City with respect to frontage and street improvements.
12. The cultural resources will be designated satisfactorily to staff by a map attached to the proffer. A
Phase I Study will be done prior to any grading.
13. The applicant will use its best efforts to work with VDOT with respect to enhancement of the VDOT
easement area along 1-64.
14. The ARB's Guidelines and comments from their report shall be adhered to. If the view shed from the
EC cannot be mitigated the applicant shall make the back of the buildings look like the front of the
building.
15. The application plan referred to in the proffers will constitute all of the graphics. All ofthe plans and
illustrations as presented on 7-24-07 would be incorporated as part of the applica~ion plan.
16. The applicant shall provide a copy ofthe DEQ work plan to staff and the County Attorney's Office as
soon as possible. Bent Creek Parkway is one of the key components of this project and it will be
dedicated to public use. The County Attorney's Office needs to figure out whether there will be any
potential liability with that land being transferred to the County.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on September 12,2007.
If you should have any questions or comments regarding the "above noted action, please do not hesitate to
.._contact me at (434) 296-5832.
Sincerely,
Claudette Grant
Planner
Planning Division
CG/SM
Cc: Ella Carey
Amelia McCulley
Glenn Brooks
Steve Allshouse
~
I'
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 2006-00009 5th Street-Avon Center
SP 2007-00004 5th Street-Avon Center-Parking
Structure
AGENDA DATE:
November 7, 2007
ACTION: X
INFORMATION:
SUBJECT/PROPOSAUREQUEST:
Request to rezone approximately 86.895 acres
from LI Light Industrial and RA Rural Area
(existing zoning) to PDSC Planned
Development Shopping Center District to
include approximately 476,355 square feet of
non-residential (commercial) uses with special
use permit for parking structure.
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
STAFF CONTACT(S):
Cilimberg, Echols, Grant
LEGAL REVIEW: NO
OWNER/APPLICANT PURCHASER:
New Era Properties, LLC and Avon Holdings LLC {TMP 77-11 E)/New Era Properties, LLC, with LeClair
Ryan as the contact and The Cox Company as the consulting engineer.
eACKGROUND:
On July 24' 2007, the Planning Commission held a public hearing on the request. (See Attachment V) The staff
report provided in Attachment V gives pertinent background regarding this project in the Planning and Zoning
d History section (Pages 3 - 4) and in the Background section located on pages 4 - 5. This project is a result of a
Comprehensive Plan Amendment that was adopted on September 8, 2004. (See Attachment VI) This proposal
was scheduled for a public hearing with the Board on September 12, 2007; however the applicant requested a
deferral of the public hearing and a work session with the Board. During the Commission public hearing, the
Commission discussed the proposal and recommended approval subject to a number of matters being
addressed prior to the project being considered by the Board of Supervisors. Each of these items and the
status of the applicant's response to date is provided in the Discussion section that follows.
DISCUSSION:
Since the commission's public hearing, the applicant has submitted a revised general development plan
and proffers in response to the Planning Commission action. The following bullets describe matters that the
Planning Commission identified to be addressed and the current response provided by the applicant
(shown in bold italics):
. All proffers to be submitted in writing acceptable to County counsel as stated in the discussions
between staff and the applicant.
Applicant's response: Proffers dated September 4, 2007 were submitted and reviewed by the
County Attorney who has identified some items that remain to be addressed.
.
The proffers shall include, but not be limited to, urbarl design. The applicant agrees to build the entirety
of the project in accordance with ARB urban desivn and landscape standards. The portion of the
property that is outside of ARB jurisdiction will bEl overseen by other staff members. Proffer 11 is
satisfactory to the County in terms of addressing items not subject to the ARB's review.
Applicant's response: The applicant has includecl proffer 11-Architectural Guidelines, which
1
.
3>
makes the project design and construction conform with the Albemarle County Architectural
Review Board Guidelines.
. With respect to roads, there shall be substantial completion of all road improvements before the center
is occupied.
Applicant's response: While the applicant has provided revised proffers 2C & D that
describe completion of construction for Bent Creek Parkway and Avon Street Improvements
within three (3) years from the date of approval of a final site plan within the project, staff
continues to have concerns with this timing and recommends the proffers be revised to say
that the road will be completed by the issuance of the first certificate of occupancy (CO).
. With respect to the trail link issues, the commitment regarding the pedestrian link on Bent Creek
Parkway will be complied with.
Applicant's response: The trail link on Bent Creek Parkway as shown in the power point
presentation graphic during the Planning Commission public hearing is now shown on the
General Development Plan.
. With respect to transit, the park and ride and transit stops as proposed are adequate. The Bent Creek
Parkway satisfies any cash proffer with respect to transit.
Applicant's response: No additional submittal needed.
. The proffer with respect to tree preservation shall be two trees for every tree removed in the
conservation area.
.Applicant's response: Proffer 5- Tree Conservation Areas includes the following language:
replacement shall be two trees of similar species or quality for each removed, or destroyed
tree.
. A licensed arborist will be engaged and assist throughout the construction project for the maximum
preservation of trees on the project.
Applicant's response: There is no commitment to a licensed arborist to be engaged. The
applicant does include proffer 5, with the following language: IIWithin the areas depicted on
the Application Plan as Conservation Areas, no land disturbing activities shall occur except
in accordance with Best Management Practices as defined by the Virginia Department of
Forestry. Management of Conservation Areas on the Property for any other purpose,
including wildlife habitat improvement, shall be in accord with a forest stewardship plan
approved by the County of Albemarle. Staff does not believe the language in proffer 5 meets
the Planning Commission's expectation, which was intended to assure preservation of as
many trees as possible.
. The DEQ work plan will be completed and in place prior to the first site plan and the applicant shall
provide a copy of the DEQ work plan to staff and the County Attorney's Office as soon as possible.
Bent Creek Parkway is one of the key components of this project and it will be dedicated to public use.
The County Attorney's Office needs to figure out whether there will be any potential liability with that
land being transferred to the County.
Applicant's response: Proffer 8 states liAs a condition for the first, final site plan approval,
the Owner shall have obtained Virginia Department of Environmental Quality (IIDEQ")
approval of a work plan (IILandfill Work Plan"). The applicant and the County Attorney staff
have been working together on this issue; however, this proffer is still not satisfactory to the
County Attorney staff. The applicant and staff will need to reach an agreement with VDOT
regarding the underlying responsible party for the road. An adequate proffer that will
address the DEQ work plan as it relates to the dedicated public use of Bent Creek Parkway
will need to be provided.
. The stormwater proffers are to be drafted consistent with the Biscuit Run standard of 80 percent
erosion control.
2
Lf
Applicant's response: Proffer 10. A. Erosion and Sediment Control describes that the Owner
shall, to the maximum extent practicable, provide additional erosion and sediment controls
to achieve a sediment removal rate of eighty percent for the Property as determined by the
. Program Authority.
· The reseeding necessary and timing of reseeding will be crafted to meet the stormwater commitment in
the Hollymead Town Center A-1 rezoning.
Applicant's response: Proffers 10. B & C. Stormwater and Revegetation address storm water
management to achieve a removal rate 20% better than would otherwise be required by the
Water Protection Ordinance, up to a maximum of eighty percent removal rate for each
Phase. Within nine (9) months after the start of grading under any erosion and sediment
control permit, permanent vegetation shall be installed on all denuded areas, except for
areas the Program Authority determines are otherwise permanently stabilized or are under
construction with an approved building permit.
· The applicant shall satisfy the City with respect to fr:ontage and street improvements.
Applicant's response: Proffer 2. E. 3. describes that the Owner shall submit to the City of
Charlottesville for approval engineering drawings, plans, and construction documents for all
road, signal and other transportation improvements.
· The cultural resources will be designated satisfactorily to staff by a map attached to the proffer. A
Phase I Study will be done prior to any grading.
Applicant's response: Proffer 9 Cultural Resources includes Exhibit B, which is a map
attached to the proffer regarding cultural resources designations. This proffer also states
that a Phase I Study will be done prior to land disturbance and the consultant conducting the
survey shall follow federal and state guidelines and legislation in conducting the Phase I
Survey.
.
.
The applicant will use its.best efforts to work with VDOT with respect to enhancement of the VDOT
easement area along 1-64.
Applicant's response: No additional submittal needed.
· The ARB's Guidelines and comments from their report shall be adhered to. If the view shed from the
EC cannot be mitigated. the applicant shall make the back of the buildings look like the front of the
building. While proffer 11 addresses thin!Js not in the ARB's review and meets legal wording
requirements, there has been no proffer provided that addresses the ARB's concerns for portions of the
project that are visible from the entrance corridor. (See Attachment IV)
Applicant's response: Proffer 11 Architectural Guidelines specifically addresses in a
statement that the traditional"back of building" materials shall not be used for the home
improvement and/or major retail spaces contemplated within the project. However, it does
not address the ARB's concerns for portions of the project that are visible from the Entrance
Corridor. An adequate proffer that will address the ARB's concerns for portions of the
project that are visible from the Entrance Corridor will need to be provided.
· The application plan referred to in the proffers will constitute all of the graphics. All of the plans and
illustrations as presented on 7-24-07 would be incorporated as part of the application plan.
Applicant's response: The applicant has made the changes to the application plan in
accordance with the Planning Commission expectation.
Special Use Permits
There is also a request for a special use permit for a parKing stru':.;ture that will be located between the
~ome improvement and major retail stores. Staff believes the special use permit request is appropriate.
~he Planning Commission recommended approval (.f SP 2007-00004, 5th Street-Avon Center Parking
Structure with no conditions.
. 3
5
RECOMMENDATIONS:
The Planning Commission has recommended approval of this project with the expectation that issues identified
by staff and the Planning Commission at the time of the Commission's last public hearing would be addressed
by the applicant. While the applicant has addressed a number of those issues, the following are still
outstanding:
. Finalization of proffers in accord with County:Attorney recommendations for acceptance.
. Proffer 2 C & D relating to timing of construction and improvements of roads.
. Request for a licensed arborist to assist throughout construction.
. County Attorney's acceptance of proffer 8 relating to the DEQ work plan and the responsibilities for
Bent Creek Parkway when dedicated for public use.
. ARB concerns for portions of the project visible from the entrance corridor.
Staff recommends that the Board confirm the expectations of the Planning Commission and identify any
additional matters it feels should be addressed before this matter is advertised for public hearing.
ATTACHMENTS:
Attachment I: General Development Plan dated August 7,2007
Attachment II: Proffers dated September 4,2007
Attachment III: Land Use and Development Guidelines Summary dated August 21,2007
Attachment IV: ARB comments dated August 27,2007
Attachment V: Planning Commission Staff Report dated July 24, 2007
Attachment VI: Final CPA language amended September 8, 2004
4
lP
.
.
.
II
PROFFER FORM
Date: September 4, 2007
ZMA # 2006-09
Tax Map and Parcel Number(s): 76-Ml-2A; 76-Ml-2B; 76-Ml-4A; and 77-M1-11E
81.94 Acres to be rezoned from LI and Rural Area to PD-SC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owners, or their
duly authorized agent, hereby voluntarily proffer the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of the
requested rezoning and it is acknowledged that the conditions are reasonable.
1. Application Plan. Development shall be in general accord with the
Application Plan entitled, "5th Street - Avon Center, ZMA Application Plan, Conceptual
Master Plan", (Sheets 1-14), prepared by The Cox Company, last revised August 7, 2007
("Application Plan"). The Owners (collectively, hereinafter, the "Owner") have
presented, as part of their rezoning applications, a number of conceptual plans and
illustrations for various purposes, but principally to provide justification for the rezoning
actions they are seeking. Unless specifically referenced in these proffers, all plans and
illustrations submitted as part of the Applicant's rezoning application, other than the
Application Plan as defmed above, shall be deemed illustrative only, and such plans and
illustrations shall not be deemed proffers.
2. Road Improvements. The Owner shall cause completion of the following road
improvements:
A. Bent Creek Road and 5th Street Intersection. Pursuant to road plans
approved by the Virginia Department of Transportation ("VDOT"), the City of
Charlottesville, and the County of Albemarle (the "County") as a condition of approval of
the initial site plan for the Project, the Owner shall construct signal and lane
improvements for the westbound lanes of Bent Creek Road and the southbound lanes of
5th Street at the Bent Creek Road and 5th Street intersection. If required by the City of
Charlottesville, such improvements shall include: (i) dual left turn lanes southbound on
5th Street; (ii) dual right turn lanes northbound on 5th Street; and (iii) an extended single
left turn lane northbound on 5th Street. An example of the improvements that the City
may require of the Owner is attached as Schedule 1.
B. Bent Creek Road Bridge. Pursuant to road and bridge plans approved by
VDOT, the Owner shall widen, or replace the existing bridge spanning Moore's Creek
supporting Bent Creek Road as a condition of approval of the initial site plan for the
Project. The bridge expansion shall be sufficient to accommodate at least two (2)
through lanes for Bent Creek Road.
Attachment II
7
C. Bent Creek Parkway. The Owner shall cause to be constructed and
dedicated a two lane (with right-of-way sufficient for future expansion to four lanes)
limited access road from the bridge at Bent Creek Road through to Avon Street in the
general location shown on the Application Plan ("Parkway"). If approved by VDOT, the
Parkway may be a 'rural section' in design, without curb and gutter. Construction of the
Parkway shall be completed (to mean Base Paving has been installed and the road may be
open to traffic), for eventual acceptance by VDOT for public use and dedication of right-
of-way (and all necessary easements dedicated to the County) within three (3) years from
the date of approval of a final site plan within the Project. The Parkway 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 roadway is safe and convenient for traffic. [The County's acceptance
of this proffer shall not confer any approval of special use permits for any construction of
the Parkway or other improvements within the floodplain, if necessary; the approval of
such permits shall be reserved by the Board of Supervisors.]
D. Avon Street Improvements. The Owner shall dedicate public
right-of-way, if necessary, and construct a right turn lane on Avon Street southbound
from the northern boundary of the Property to the intersection of Avon Street and the
Parkway. If warranted, the Owner shall construct a left turn lane and signal
improvements at the intersection of Avon Street and the Bent Creek Parkway. If the
public right-of-way is not dedicated by subdivision plat, the Owner shall be responsible
for the cost of a survey and preparing the deed to convey the public right-of-way to the
County. Unless sooner required by VDOT as a condition of site plan approval, the Avon
Street Improvements -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 roadway is safe and convenient for traffic
within three (3) years from the date of the approval of the a final site plan within the
Proj ect.
E. Transportation Proffers Compliance.
1. The road improvements listed in 2B, 2C, and. 2D above shall be
constructed in accordance with road plans submitted by the Owner and approved by
VDOT. All of the foregoing improvements listed in 2B, 2C,and 2D shall be (i)
constructed to VDOT design standards pursuant to detailed plans agreed to between the
Applicant and VDOT, and (ii) accepted by VDOT for public use or bonded for VDOT's
acceptance. The width, (except as specified in 2C above) length, location, (inside median
or outside existing pavement), type of section (e.g., urban vs. rural), and geometries of all
lane improvements shall be as required by VDOT design standards and detailed plans
submitted by the Owner and approved by VDOT.
2. Any signal improvements proffered herein shall be coordinated among
the City of Charlottesville and VDOT to address signal timing.
2
.
.
.
3. The Owner shall submit to the City of Charlottesville engineering
drawings, plans, and construction documents ("City Transportation Plans") for all road,
signal and other transportation improvements contemplated in these Proffers or shown on
the Application Plan that are located within the limits of the City of Charlottesville. The
City Transportation Plans shall be submitted within sixty (60) days after the first site plan
for the Property is submitted to the County. The Owner shall diligently pursue approval
of the City Transportation Plans with the City. If the City does not approve all the City
Transportation Plans within six (6) months after the first final site plan for the Property is
approved by the County, the Owner shall not be required by these Proffers to construct
any improvements for which approvals have not been obtained. The Owner also shall not
be required by these Proffers to acquire right-of-way or otherwise pay for right-of-way in
the City for such improvements.
E. Park and Ride Lot. The Owner shall provide a paved parking area on the
Property consisting of no less than twelve (12) spaces either: i) within the area labeled
"Future Development" (as shown on Sheet 10 of the Application Plan) or ii) in
conjunction with the construction of a parking area for another use, (e.g. a grocery store),
for temporary use by commuters accessing transit, trails or carpools (the "Park and Ride
Lot"). Construction of the Park and Ride Lot shall occur in conjunction with the
construction and dedication of the adjacent Bent Creek Parkway section or, if the Park
and Ride Lot is constructed within a parking area for another use (e.g., a grocery store),
then the Park and Ride Lot shall be constructed in conjunction with such use.
3. Greenway Dedication. The Owner shall to dedicate in fee simple to the
County, or at the County's option, an easement to the County, and construct a link to the
section of trail through the Property in the location shown on the Application Plan. The
Greenway shall be dedicated and the section of trail shall be installed within six (6)
months after the issuance of the first certificate of occupancy within the Project. This
section of trail shall be constructed to meet the Class A trail definition as contained in the
County's Greenway Plan. The existing, dilapidated bridge over Moore's Creek shall be
restored or replaced (for pedestrian or bicycle use only) as part of the trail section at the
time of the completion of the trail, and to sufficient design to support a Class A trail. In
the event that sufficient right-of-way exists or can be obtained by others, the Owner shall
construct within nine (9) months of the availability of such right-of-way, an extension of
the link for the County Greenway System beyond the Property line to Interstate 64, along
Biscuit Run, in the area shown on the Application Plan. If the Greenway is not dedicated
by subdivision plat, the Owner shall be responsible for the cost of a survey and preparing
the deed to convey the Greenway to the County.
4. Greenway Park and Pedestrian Trails Master Plan. Within the area depicted on
the Application Plan as Park/Open Space, the Owner shall dedicate in fee simple to the
County, or at the County's option, an easement to the County, a Greenway Park, to
include the stream valley areas along Moore's Creek, for use by the public for hiking,
bicycling, picnicking and other passive recreational use. At least five (5) parking spaces
in the adjacent parking lot on the Application Plan shall be reserved for a trail head use.
~
3
The Owner shall submit a master plan for, and construct a Greenway Park and
Pedestrian Trail system as a condition for the first site plan for the Project. Subject to
County approval as part of the first site plan for the Project, the Greenway Park and
Pedestrian Trails master plan shall incorporate the following elements:
1. Greenway Park and Trailhead Park routing plan, including trail standards;
11. 5th Street! Avon Connector Road preliminary engineering plan;
iii. Preliminary landscape plan for impact area;
IV. Critical slope impact evaluation and option assessment; and
v. Tree survey within the Stream Buffer area;
The Greenway Park and Pedestrian Trails master plan shall be coordinated with the
Director of Community Development and the County Department of Parks and
Recreation. The Greenway Park and Pedestrian Trails master plan shall be submitted
with the first final site plan for the Property and shall identify, design and incorporate the
items cited in i-xii above. This Proffer 4 shall be satisfied upon (a) approval of all
relevant elements of the Greenway Park and Pedestrian Trails master plan by the
requisite federal, state, and local approval agencies; (b) posting of a bond satisfactory to
the County for construction of any improvements as depicted on the approved Greenway
Park and Pedestrian Trails master plan; and (c) the County's acceptance of the deed of
dedication of the fee simple (or easement) interest. This Proffer 4 shall be satisfied prior
to or at the time of the County's approval of the first fmal site plan for the Project. If the
Greenway Park is not dedicated by subdivision plat, the Owner shall be responsible for
the cost of a smvey and preparing the deed to convey the Greenway Park to the County.
5. Tree Conservation Areas. Within the areas depicted on the Application Plan
as Conservation Areas, no land disturbing activities shall occur except in accordance with
Best Management Practices, as defmed by the Virginia Department of Forestry.
Management of Conservation Areas on the Property for any other purpose not involving
land disturbing activities, including wildlife habitat improvement, shall be in accord with
a forest stewardship plan approved by the County's Director of Planning. Best
Management Practices, as defmed by the Virginia Department of Forestry, shall be used
to control erosion and protect water quality during any forest activity. The primary
objectives of the forest stewardship plan shall be to (a) maintain the health of the
Conservation Areas, (b) maintain a scenic, urban forest and (c) conserve soil and water.
In addition to providing a forest stewardship plan, the Owner shall replace trees
that must be removed in the areas denoted as "Conservation Areas" on the Application
Plan that lie within the Greenway Park. Replacement shall be two (2) trees of similar
species or quality for each removed, or destroyed tree. All tree replacement shall be in
accord with the final landscape plan for the first final site plan for the Property. The
Owner's obligation to replace trees within the Conservation Areas shall apply only to
existing trees within the fmal, approved Greenway Park pursuant to the Greenway Park
and Pedestrian Master Plan, described above. Trees to be replaced within the following
planting season, must be in excess of 12" dbh and shall be replaced with trees of the same
4
.
.
.
or a similar species or quality of not less than 2.5" dbh, as determined by the County's
Director of Community Development. The County's Director of Community
Development may authorize minor variations in the specific location and extent of the
"Conservation Areas" as depicted by the Application Plan provided that such variations
(a) are supported by final engineering, geotechnical, and environmental analysis; (b) have
been mitigated to the satisfaction of the Director of Community Development; and (c)
meet any other requirements for a minor variation under County Code S 18-8.5.5.3(a)(2).
6. LEED Standards for Core & Shell Development. The Owner shall cause
commercial buildings within the shopping center portion of the Project to be rated a
minimum of "Certified" under the LEED Green Building Rating System for Core & Shell
Development, as set forth in the U. S. Green Building Rating System, Version 2.0, July
2006 (collectively, the "LEED Compliant Commercial Space"). For each commercial
building containing LEED Compliant Commercial Space, the Owner shall provide copies
of the LEED certifications to the County confirming that such building is constructed to
the minimum standard provided in this Proffer 6. Prior to issuance of the building permit
for any proposed LEED Compliant Commercial Space, the Owner shall provide to the
County Director of Community Development the opinion of a licensed architect that such
space, if constructed in accordance with the building plans, is designed to achieve the
minimum "Certified" rating provided in this Proffer 6.
7. Moore's Creek Erosion and Buffer Projects. The Owner shall complete the
erosion and buffer projects for Moore's Creek, above Biscuit Run in the areas depicted
on the map attached ("Moore's Creek Action Projects"). The Moore's Creek Action
Projects are more particularly described in the attached Exhibit A from the County's
Stormwater Action Lists Report for Stormwater Master Plan, prepared by CH2MHill,
dated January, 2004. The Moore's Creek Action Projects scope will be subject to all
applicable federal and state and local approvals, including the requirements set forth in
the final DEQ Landfill Work Plan, defined below. The schedule and scope of the
Moore's Creek Action Projects shall be submitted and approved with the first final site
plan within the Project and shall be completed within three (3) years from the date of the
approval of the a final site plan within the Project.
8. Former Landfill Site: Work Plan: Department of Environmental Quality. As a
condition for the first, fmal site plan approval, the Owner shall have obtained Virginia
Department of Environmental Quality ("DEQ") approval of a work plan ("Landfill Work
Plan") addressing the implications of Owner's constructing any portion of the Bent Creek
Parkway, and any proposed project improvements on the Project implicating the former
City of Charlottesville Landfill site. The Landfill Work Plan shall be prepared by an
environmental consulting firm and shall contain the following:
A. A discussion of the geology, site history, and generalized subsurface
stratigraphy of the landfill site, based upon a systematic study to include field
observations, and if necessary, electromagnetic induction (EM) survey to determine the
lateral extent of waste deposits on the Property.
{J
"
B. A plan to stabilize, cover or otherwise address to DEQ's satisfaction any
areas of exposed waste on the Property discovered during the systematic study referenced
in A. above.
C. A plan that addresses the construction techniques to be employed to allow
construction of Bent Creek Parkway and any related improvements over the waste
deposits within the landfill site. For example, to the extent dynamic compaction of the
waste deposits will be required to construct the roadway, the plan will describe where and
how dynamic compaction will be performed.
The Owner shall diligently pursue DEQ's approval of the Landfill Work Plan. Unless
DEQ requires otherwise, the components of the Landfill Work Plan referenced above
may be submitted to DEQ separately or within the same document. The County shall be
provided with a copy of the Landfill Work Plan, together with all back-up data submitted
in DEQ's approval of the Landfill Work Plan as a condition of acceptance of dedication
of the Parkway. In no event shall such dedication of the Parkway take place until DEQ
has approved the Landfill Work Plan. At the County's option, the Parkway may be
dedicated in easement in lieu of fee simple. [N.B. would County consider supporting the
City's acceptance of the Parkway as a City street?]
9. Cultural Resources. Prior to commencing land disturbance of any of the area
included in the former Willoughby Mansion Site, as depicted on the attached Exhibit B.
prepared by Dutton Associates, (the "Phase I Scope Area"), the Owner shall cause to be
completed and supplied to the County, a Phase I Historic Resources Survey ("Phase I
Survey") for any areas within the Phase I Scope Area to be disturbed. The Phase I
Survey shall be conducted pursuant to the National Historic Preservation Act of 1966, as
amended, the Archaeological and Historic Preservation Act of 1974, and Executive Order
-11593. The consultant conducting the Phase I Survey shall meet the professional
~qualification standards of the Department of the Interior (48 Fed. Reg. 44,738 - 44,739).
The archaeological fieldwork component of the Phase I Survey shall conform to the
qualifications specified by the Secretary of the Interior's Standards and Guidelines for
Archeology and Historic Preservation (48 Fed. Reg. 44,716 - 44,742 (1983)), and by the
Virginia Department of Historic Resources in its publication entitled Guidelines For
Conducting Cultural Resource Survey In Virginia:. Additional Guidance for the
Implementation of the Federal Standards Entitled Archaeology and Historic
Preservation: Secretary of the Interior's Standards and Guidelines (48 FR 44742,
September 29, 1983), 1999, rev. 2000. In the event that any human remains are
encountered in the course of conducting any Phase I Survey, no land disturbance shall
proceed prior to delivery of evidence to the County that all applicable regulations
regarding the disturbance or removal of such remains have been complied with, or that
avoidance can be achieved. The Phase I Survey consultant shall follow federal and state
guidelines and legislation in conducting the Phase I Survey in making recommendations
regarding any Potential Resource Site's eligibility for nomination to the National Register
of Historic Places (NRHP). All artifacts generated in the course of survey and associated
records will be curated according to the requirements specified in Curation of Federally
Owned and Administered Archaeological Collections (36 C.F.R. g 79) and Virginia
Department of Historic Resources State Curation Standards.
6
.
.
.
10. Erosion and Sediment Control and Stormwater Management.
A. Erosion and Sediment Control. The Owner shall, to the maximum extent
practicable as determined by the County's Program Authority, provide additional erosion
and sediment controls to achieve a sediment removal rate of eighty percent (80%) for the
Property. (As a reference, current regulatory structural measures achieve a 60% optimal
removal rate.)
B. Stormwater Management. The Owner shall, to the maximum extent
practicable as determined by the County's Program Authority, provide additional
stormwater management to achieve a removal rate 20% better than would otherwise be
required by the Water Protection Ordinance (Albemarle County Code S 17-100 et seq.),
up to a maximum of eighty percent (80%) removal rate for each Phase.
C. Revegetation. Within nine (9) months after the start of grading under any
erosion and sediment control permit, permanent vegetation shall be installed on all
denuded areas, except for areas the County's Program Authority determines are otherwise
permanently stabilized or are. under construction with an approved building permit. A
three (3) month extension for installation of permanent vegetation may be granted by the
Program Authority due to special circumstances including but not limited to weather
conditions.
11. Architectural Guidelines. To the extent this Project, or any portion thereof, is
not subject to review by the County's Architectural Review Board: (i) the Project shall be
designed and constructed in conformance with the Albemarle County Architectural
Review Board Guidelines, a copy of which is attached as Exhibit C, as determined by
,.the County's Director of Planning; (ii) traditional "back of building" materials shall not
be used for the home improvement and or major retail spaces contemplated within the
Project; (iii) translucent roofing materials shall not be visible from the Entrance Corridor
(visibility shall be determined by the County's Director of Planning); (iv) roofs or parapet
walls shall be used to eliminate visibility of rooftop equipment from the Entrance
Corridor; and (v) trees shall be provided along both sides of Bent Creek Parkway at forty
feet (40') on center, a minimum 2.5" dbh at planting.
Submitted as of the
day
,2007, by:
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE
PAGES TO FOLLOW.]
)0
7
NEW ERA PROPERTIES, LLC
a Virginia limited liability company
By:
Its Manager
By:
Its:
Date:
AVON HOLDINGS, LLC
a Virginia limited liability company
By:
I ts Manager
By:
Its:
Date:
8
BO D ESTIMATE - EROSION CONTROL
. PRIJECT NAME, Pickert Property
PR JECT NUMBER: WP0200700094
DA E OF ESTIMATE: 01/08/08
ES IMATE BY: MRG
BA ED ON: Approved E&SC plan
I
I
WA ER ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM TOTAL
SE 0, FERTILIZE, MULCH ACRE 3 1500 4500
SIL FENCE LF 0 5 0
SA TY FENCE LF 0 3 0
TE PORARY FILL DIVERSION LF 0 3 0
DIV RSION DIKE LF 560 3 1680
TE PORARY SLOPE DRAIN LF 0 20 0
SE IMENT TRAP 1 ACRES 1.7 1000 1700
SE IMENT BASIN 1 ACRES 0 1000 0
CUL ERT INLET PROTECTION EA 2 500 1000
INL T PROTECTION EA 0 200 0
OU LET PROTECTION EA 2 200 400
EC- & 3 DITCH PROTECTION LF 0 10 0
RIP- AP LF 0 55 0
CH CK DAMS SQ.YD. 12 30 360
CO STRUCTION ENTRANCE EA 1 2000 2000
SUB OTAL 11640.00
CO TINGENCY & ADMINISTRATION LS 25% 2910.00
TOT L 14550.00
. I 14600.00 I
BOND AMOUNT REQUIRED
S readsheet last revised:12-5-01
.
BOND ESTIMATE - EROSION CONTROL
PROJECT NAME:
PROJECT NUMBER:
DATE OF ESTIMATE:
ESTIMATE BY:
BASED ON:
Pickert Property
WP0200700094
01/08/08
MRG
Approved E&SC plan
Spreadsheet last revised:12-5-01
WATER ITEM DESCRIPTION
SEED, FERTILIZE, MULCH
SILT FENCE
SAFETY FENCE
TEMPORARY FILL DIVERSION
DIVERSION DIKE
TEMPORARY SLOPE DRAIN
SEDIMENT TRAP 1
SEDIMENT BASIN 1
CULVERT INLET PROTECTION
INLET PROTECTION
OUTLET PROTECTION
EC-2 & 3 DITCH PROTECTION
RIP-RAP
CHECK DAMS
CONSTRUCTION ENTRANCE
UNIT
ACRE
LF
LF
LF
LF
LF
ACRES
ACRES
EA
EA
EA
LF
LF
SQ.YD.
EA
QUANTITY UNIT COST ITEM TOTAL
3 1500 4500
050
030
030
560 3 1680
o 20 0
1.7 1000 1700
o 1000 0
2 500 1000
o 200 0
2 200 400
o 10 0
o 55 0
12 30 360
1 2000 2000
SUBTOTAL
CONTINGENCY & ADMINISTRATION
TOTAL
BOND AMOUNT REQUIRED
LS
11640.00
25% 2910.00
14550.00
14600.00 I
LAND USE AND DEVELOPMENT GUIDELINES SUMMARY
.
5th Street-Avon Street Complex
Planned Development-Shopping Center (PD-SC)
Zoning Map Amendment
Site Information and Development Guidelines
Total Site Area:
86.895 acres
L1, Light Industrial
PD-SC, Planned Shopping Center
2,020 total spaces provided in Retail Center
5.0spl1000gfa (Retail Center Component only)
48,134 sf
651eet
Current Zoning:
Proposed Zoning:
Total Parking Provided:
Parking Ratio:
Parking Deck Footprint:
Maximum Building Height:
Maximum Floor Area Ratio (Gross FAR):
0.20 FAR
(subject to proffered maximum FAR)
5th Street Retail Center Component
Planned PS-SC land Use
per ZMA Application Plan
Grocery
In-Line Retail (Small shops)
Approximate Gross
Floor Area (SFGFA)
84,500 sf
19,000 sf
11.000 sf
150.000 sf
150.000 sf
414.500 sf
Restaurants
.
Home Improvement Store
Major Retail Store
Total Yield (SFGFA):
(approximate, subject to 1fn.1 site plan)
(approximate, subject to final site plan)
(subject to prof1ere<l maximum building height)
(approximate, subject to final site plan)
(approximate, subject to tinal sne plan)
(approximate. subject to final site plan)
(approximate, subject to tinal sita plan)
(approximate, subject to final sita plan)
(approximate, subject to final sita plan)
- Avon Street Employment/Commercial Component
Pad Site Designation
per ZMA Application Plan
Proposed
land Use
Pad Site 1
Pad Site 2
EmploymenVCommercial Mixed Use
EmploymenVCommercial Mixed Use
Total Proposed Yield:
PD-SC ZMA: LAND USE SUMMARY
Total Estimated Yield (SFGFA) per ZMA Application Plan
Gross Approximate Range 01
Pad Area land Use Yield (SFGFAI
3.00 ae 19,602 26,136 sf
4.10 ae 26,789 35,719 sf
7.10 ae 46,391 61,855 sf
Home Improvement Store 150.000 sf (approximate, subject to final site plan)
Major Retail Store 150.000 sf (approximata, subject to final site plan)
Grocery Store 84,500 sf (approxlmata, subject to tinalsite plan)
In-Line Retail (Small shops) 19,000 sf (approximata, subject to final site plan)
Restaurants 11,000 sf (approximate, subject to tinal site plan)
EmploymenVCommercial Mixed Uses 54,123 sf (approximate. subject to tinal site plan)
. 468,623 sf (approximate. subject to final site plan)
August 21.2007 (revised)
Attachment III
i I
.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
MEMORANDUM
To: Claudette Grant
From: Margaret Maliszewski
RE: ZMA-2006-09 and ARB-2006-135: 5th Street-Avon Center
Date: August 27, 2007
I have reviewed the proffers amended August 22,2007 and application plan with cover sheet revision date
of August 7, 2007. The following ARB comments (from the January 16,2007 ARB review) have not been
addressed:
1. Maintain all grading on site along the southern/southwestern property boundary. Maintain a minimum 50'
deep planted buffer on site along the southern/southwestern property boundary. Planting in this buffer shall
consist of a mix of evergreen and deciduous trees planted in an informal pattern (not planted in regularly
spaced rows).
Although the retaining wall on the south side of the property has been shifted slightly to the east, these issues
. have not been sufficiently addressed.
2. Provide tree islands in the parking areas so that no more than 10 parking spaces run consecutively without
a tree island. Trees in parking lot interiors and perimeters shall be planted at 2!h" caliper minimum.
This issue has not been addressed.
3. The 30'-35' light pole height illustrated in the application plan is not approved with the rezoning. Light
pole height is subject to ARB review/approval with the site development plan.
This issue has not been addressed.
4. Illuminated wall signs shall be limited to the north side of the home improvement, structured
parking/retail, and major retail spaces.
This issue has not been addressed.
.
Attachment IV
13
.
.
.
II
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
P~oject Name: ZMA 06-09 5th Street-Avon Center Staff: Claudette Grant
SP 07-04 5th Street-Avon Center-
Parking Structure
P~anning Commission Public Hearing: July 24, 2007 Board of Supervisors Hearing: September
12,2007
i
Oy.,ners: New Era Properties, LLC and Avon Holdings Applicant: New Era Properties, LLC, with LeClair
L~C (TMP 77-11 E) Ryan as the contact and The Cox Company as the
consulting engineer
Afreage: 86.895 Acres Rezone from: LI Light Industrial and RA Rural Area
(existing zoning) to PDSC Planned Development
Shopping Center District with special use permit for
parking structure.
Tf-P: Tax Map Parcel 76M1-2A, 76M1-2B, 76M1-4A, By-right use: Industrial, office, and limited
7 -11 E commercial uses (No residential use) and agricultural,
L~cation: Northeast intersection of Interstate 64 and forestal, and fishery uses; residential density (0.5
Fi h Street Extended (Rt 631) bounded on the east by unit/acre)
A . on Street Extended and directly bounded on the
n~rth by Moore's Creek. The Willoughby subdivision is
al 0 located to the north. Access is Bent Creek Road.
I
(~ttachments A and B)
M~gisterial District: Scottsville Proffers: Yes
P oposal: Approximately 476,355 square feet of non- Requested # of Dwelling Units: 0
re ~idential (commercial) uses with special use permit
for parking structure.
D~ (Development Area): Neighborhoods 4 & 5 Compo Plan Designation: Community Service/Mixed
Use-community-scale retail wholesale, business and
medical offices, mixed use core communities and/or
employment services, and residential (6.01-34
i units/acre)
ClI1aracter of Property: The majority of the site is Use of Surrounding Properties: Commercial uses
u~developed with woodland. There is an access road such as fast food restaurants are located adjacent in
a d the former Grand Piano warehouse building both the City. The Willoughby residential subdivision is
I~;ated on this property. An old landfill was located on located nearby as well as 1-64.
th eastern portion of the site.
Factors Favorable: Factors Unfavorable:
i 1. The road connection from 5th Street via Bent Staff has found the following substantive matters for
Creek Road to Avon Street Extended creates this rezoning that are still outstanding:
an additional eastlwest connection in this
portion of the County and City. 1. This request is located within the 1-64
2. This development will add additional and Avon Street entrance corridors.
commercial/retail uses to a portion of the Several of the ARB comments remain
County (Southern Urban area) where there are unaddressed.
currently not many of these uses for the 2. The Comprehensive Plan Amendment
residents. features regarding architecture, urban
design, and landscape treatment still
need to be addressed.
3. A completed work plan approved by DEQ
regarding environmental concerns
relating to the old landfill remains
outstanding. A proffer has been provided
that will ensure that the work plan is
completed and approved by DEQ prior to
1
Attachment V 1.5
approval of the first final site plan.
4. Cultural resources remain to be
addressed.
5. In order to avoid the old landfill, the
Greenway trail crosses a stream in a
manner that is unknown and goes off site
on property not owned by the applicant.
6. Language for Road Improvements
Proffer needs to be revised so that such
improvements are satisfied by
construction.
7. Pedestrian access from Avon Street
needs to be addressed.
8. The potential for a proposed pedestrian
interconnection to the adjacent
Willoughby development needs to be
provided.
The following lists technical issues, some of which
regard the proffers that are still outstanding.
1. Critical Slopes Waiver request. With
additional revised proffer language staff
feels that this issue can be
recommended for approval.
2. Location of all stream crossings will need
to be identified on plan, including the
crossing for the greenway trail.
3. Language regarding tree conservation
areas and the forest stewardship plan
need to be provided.
4. Additional details regarding the passive
open spaceltrailhead park area are
needed, such as size, and types of
amenities being proposed.
RECOMMENDATION: Without resolution of the aforementioned outstanding issues, staff cannot recommend
'approval. Should the PC wish to recommend approval of this proposal to the Board, inclusive of proffers and the
application plan, staff recommends that this recommendation be based on resolution of the outstanding issues
before the Board acts on this rezoning.
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ZMA 200 -00009 5th Street-Avon Center
TITIO
ROJEC : ZMA 2006-09/5th Street-Avon Center
PROPOS L: Rezone 86.895 acres from LI - Light Industrial zoning district which allows industrial, office,
and limite commercial uses (no residential use) with proffers and Rural Areas: agricultural, forestal, and
fishery us s; residential density (0.5 unit/acre) to PD-SC - Planned Development Shopping Center zoning
district wh ch allows shopping centers, retail sales and service uses; and residential by special use permit
(15 units/ cre) Approx. 476,355 sq. ft. of commercial uses with special use permit for parking structure in
accordan e with Section 5.1.41.
PROFFE S: Yes
EXISTIN COMPREHENSIVE PLAN LAND USE/DENSITY: Community Service/Mixed Use-community-
scale reta I wholesale, business and medical offices, mixed use core communities and/or employment
services, nd residential (6.01-34 units/acre) Neighborhoods 4 & 5
ENTRAN E CORRIDOR: Yes
LOCATIO : Northeast intersection of Interstate 64 and Fifth Street Extended (Rt 631), bounded on the east
by Avon treet Extended. Access is Bent Creek Road.
TAX MAP PARCEL: 76/M1-2A, 76/M1-2B, 76/M1-4A, 77/11 E
MAGIST RIAL DISTRICT: Scottsville
CHARAC ER OF THE AREA
The prop rty is located at the Northeast corner of the intersection of Interstate 64 and Fifth Street Extended
(Rt 631). ses adjacent to the site include commercial uses such as fast food restaurants and gas stations.
Some of t e area is undeveloped with woods and Moore's Creek. The Willoughby residential subdivision is
also locat d nearby as well as Interstate-64.
PECIFI S OF THE PROPOSAL
e appli ant has proposed a 476,355 square foot shopping center which includes a variety of commercial
retail use and two (2) additional pad sites for employment uses with a range of 46,391 - 61,855 square
feet. (See Attachment C) A park/open space area and trail are located on a portion of the site. This
property i currently accessed from Bent Creek Road off of 5th Street. The proposed access would include
the Bent reek Road access as well as access from Avon Street Extended. The site is easily accessible
from Inter tate 64.
The prop sed project is a Planned Development Shopping Center to include an 84,500 square foot grocery
store, a h me improvement store with 150,000 square feet, a major retail store with 150,000 square feet,
one (1) re ail area with 19,000 square feet, and one (1) restaurant with 11,000 square feet. A 48,134 square
foot parki g structure, 65 feet in height, is also proposed to be located between the home improvement
store and the major retail store.
The parc I fronts two streets - 5th Street via Bent Creek Road and Avon Street Extended. A public street is
proposed through the site which connects 5th Street and Avon Street Extended, but also circulates around
majority 0 the site. Two additional thoroughfares run east and west on the site and connect to the main
road.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The appli ant has requested the rezoning to accomplish the goals of the Comprehensive Plan for
Communi y Service/Mixed Use-community-scale retail wholeSale, business and medical offices, mixed use
core com unities and/or employment services, and residential (6.01-34 units/acre) in Development Areas:
(Neighbo hoods 4 & 5).
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was designated for a major shopping center. From 1975-85 it was part of the Willoughby Planned Unit
Development. In 1985, ZMA 85-15 was approved with proffers, rezoning 49.377 acres to L1. In 1989, ZMA
89-14 was approved with proffers, adding 4.516 acres to the LI district.
During the 1995-96 review and update of the Land Use Plan, the recommendation for Industrial Service
remained unchanged. In 1997 a Comprehensive Plan Amendment was requested from Industrial Service to
Regional Service (the Brass, Inc. proposal, CPA 97-05). After a series of public meetings and joint sessions
with the City of Charlottesville, the Planning Commission recommended to the Board of Supervisors a
designation of Community Service/Mixed Use. The Board subsequently further refined the recommended
Comprehensive Plan language, and was prepared to adopt it at its September 15, 1999 meeting. Prior to
the meeting, the applicant withdrew the project and the recommended language was never adopted.
On July 8, 2003, a revised Comprehensive Plan Amendment (CPA 03-02) was submitted and the Planning
Commission held the first of three worksessions regarding the request. The revised request included the
Avon Street and Grand Piano property, which expanded the project area by 30.48 acres. The Avon Street
property was formerly the City landfill. At its meeting on September 8, 2004, the Board of Supervisors
adopted Comprehensive plan language to be added to the Neighborhood 4 Profile. This property is
currently designated Community Service/Mixed Use in the Comprehensive Plan.
BACKGROUND
A public hearing was held with the Planning Commission on October 10, 2006 for the subject ZMA. This
public hearing was deferred because staff did not receive pertinent requested information for adequate
analysis. The October 10, 2006 public hearing was deferred to a work session on December 5, 2006, at
which the applicant agreed to resubmit information that the Planning Commission requested. The applicant
submitted revised information, but staff did not have sufficient time to review the new material and provide
comment to the Planning Commission for the December 5, 2006 meeting. The applicant gave a
presentation and scheduled a follow up work session with the Commission. The Planning Commission also
provided the following comments and suggestions of things that needed to be addressed at the next work
session, which was scheduled for January 23, 2007:
o The PC wants to try to avoid scheduling a work session again in the future to only receive an update
with the PC really not. working on any of the issues.
o In reference to the Commission's concern Ms. Grant indicated that the revised plan and the proffers
have been submitted to staff for staff review. Staff's intent is that at the work session scheduled for
January 23rd the Commission will have information from staff's review that will assist the
Commission in discussion regarding this project. A traffic study revision has also been submitted
and will be discussed at the work session in January. The Commission had the following concerns
or request:
o The PC would like a comparison for consistency of the Comprehensive Plan with the submitted
proposed plan.
o The PC would like to see proffers with more commitment to the Main Core and Shell Certification
Program.
o What is the applicant's commitment to providing active recreation space'!
o The Commission would like more information regarding the location of existing old growth forest and
rock outcrop previously discussed as well as a comparison of these existing natural resources with
the proposed plan.
o Ms. Joseph asked to discuss the field densification for the road. She asked that it be a topic of
conversation, particularly about what testing has been done.
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The next work session was actually held on March 6, 2007 rather than January 23, 2007. The Commission
discussed and answered staff's questions outlined in the staff report. The following information lays out the
.uestions and resolution put forth by the Commission and includes additional discussion between the
om mission, staff and the applicant (The current status of each issue follows in bold italics):
1. Should a critical slopes waiver be processed as part of this rezoning?
The Planning Commission agreed to accept the concept design with the understanding that the applicant
would not have to process the critical slopes waiver request until the final site plan, but would include
appropriate language in the proffers for mitigation.
As agreed upon during the Planning Commission work session on March 6, 2007, the applicant has
not submitted a critical slopes waiver request. However, staff feels that the applicant has provided
enough information with one exception that could allow the critical slopes waiver to be
recommended for approval now rather than during site plan process. The exception is that if
additional language in the proffer is provided regarding conditions for erosion and sediment control
measures around the Moore's Creek (similar to what was completed for Biscuit Run) staff could
most likely recommend approval of this waiver with the rezoning.
2. Should a special use permit for disturbance in the f100dway of Moore's Creek be processed
concurrent with this rezoning?
The creek is a vital waterway. The Planning Commission agreed to accept the concept design with the
understanding that the applicant would provide appropriate language regarding mitigation in the proffers.
The applicant offered to craft a proffer that the entire stream channel has to be substantially restored and
that they would pursue with VDOT bridges for stream crossings.
.roffer 7 Moore's Creek Erosion and Buffer Projects and Proffer 2 Road Improvements address
these concerns. There are two additional stream crossings shown on the plans that do not appear
to be bridges. One crossing is in regard to the main road on the site and the other crossing relates
to the location of the green way trail going off the site.
3. Should further work be done by the applicant to reduce encroachment into the stream
buffers?
The Planning Commission agreed to accept the concept design with the understanding that the applicant
would provide appropriate language regarding mitigation in the proffers. It was noted that there is a pretty
significant increase in potential disturbance which the applicant agreed to address in the proffers.
Staff is aware that some portions of the roads on this site will encroach into the stream buffers.
However, staff feels the encroachment of roadways into the stream buffers are minimal compared to
the importance of protection of some of the areas around the old landfill that are eroding near the
stream banks. Staff also feels that as long as the mitigation in the proffers relating to the Creek and
landfill are adhered to that the impact of encroachment on the stream buffers will be very minimal.
4. Should further work be done by the applicant to assure all areas designated for tree
preservation will be preserved?
The Planning Commission agreed subject to the applicant providing an acceptable proffer to include
language that the replanting will be done. The preservation areas should be areas where no disturbance is
.nticipated. Conservation areas will be those areas anticipating tree disturbance and will have conditions
.,r replanting. The tree preservation areas will need to be reduced on the plan and conservation areas
designated.
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The applicant has added Proffer 5, Tree Conservation Areas, which generally says that only certain
types of land disturbance will occur in areas on the plan noted as "Conservation Areas" The proffer
goes on to explain that replacement of trees will be in accord with an approved Greenway Park and
Pedestrian Master Plan. While staff finds this proffer to be acceptable, the forest stewardship plan
will have to specify what obligations the developer and future owner(s) have. Any replacement of
trees will be tied to the site plan review and approval. There are no preservation areas shown on the
plan.
5. Should the applicant commit to the HistoriclArcheological Resource recommendation of
staff?
The Planning Commission agreed with the applicant about his commitment to provide the Phase 1 study at
this point. The applicant was unsure whether they wanted to do Phase 2 or 3. The Phase 1 study would be
done before the grading.
Proffer 9, Cultural Resources describes the completion of a Phase I Historic Resources Survey prior
to land disturbance on the site for each such Potential Resource Site to be disturbed. While this
proffer begins to satisfy what the Planning Commission agreed to, it is unclear to staff what the
intent of the following language in the proffer is: "for each such Potential Resource Site to be
disturbed." Attachment D, specifically describes what staff would like to see in this proffer.
The staff, Commission, and the applicant also discussed expectations for commitments to LEED
Certification and road improvements.
Proffer 6, LEED Standards for Core & Shell Development address LEED Certification and bonding as
discussed above with Mr. Edgerton.
Attachment E describes VDOT's recent comments that they are satisfied with the proposed project.
Analysis of this project with the Comprehensive Plan and Neighborhood Model have been previously
completed with past public hearing and work sessions. However, the following issues relating to the
Comprehensive Plan Amendment and Neighborhood Model remain outstanding:
Landfill:
A portion of the proposed site consists of an old landfill. During the March work session with the Planning
Commission staff explained that they would be meeting with the State of Virginia Department of
Environmental Quality (DEQ) representatives and the applicant to discuss concerns relating to the old
landfill. The landfill area contains the connector road through the site, and pads for future employment
opportunities/sites, which help to meet the "mixed use" expectations outlined in the Comprehensive Plan.
Since the last work session, the applicant has been working on developing a work plan that should address
concerns relating to development of this site on a portion of the old landfill. At the meeting on May 2, 2007
with the applicant and DEQ, it was decided that a work plan would be completed and approved by DEQ
prior to the Planning Commission public hearing. The applicant agreed to provide a proffer stating this.
Proffer 8 describes a completed work plan that is approved by DEQ. To date, the work plan is still being
developed and DEQ still needs to approve it. Although the work plan continues to be a work in progress,
staff is aware that the applicant has been working towards completing the work plan and eventually getting
approval from DEQ. The expected timing for completion of the work plan will not precede the Planning
Commission public hearing, but Proffer 8 will require that this be completed prior to approval of the first final
site plan.
Greenway Trail:
The plan shows a greenway trail around the perimeter (If the site. Part of Moore's Creek is a boundary for
this project and the plan shows the trail adjacent to Moore's Creek. Initially, the trail was shown entirely on
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the subject property. Since the applicant and DEQ have begun discussions about the old landfill, the
applicant revised the plan to show a portion of the trail crossing the Creek and now located to its' north on
property that is not owned by the applicant. The banks of the Creek are eroding and revealing portions of
.e old landfill, making it unsafe and not desirable on the subject property as is. Staff anticipates that in
rder to keep the trail in the original location, this area would need to be filled in. Without a work plan in
place it is difficult to know if this would be an acceptable option or not an option at all. Location of the trail as
shown on the plan remains an outstanding issue as it might not be feasible for the trail to cross Moore's
Creek.
Architecture, Urban design and landscape treatment:
The Comprehensive Plan amendment specifically describes the following treatments that are important
elements to the development of this property:
a. The integration of building facades and rooflines;
b. Architectural massing and form of individual buildings;
c. Architectural materials and color;
d. Design of parking areas;
e. Design/landscape treatment of streets and interior travelways, pedestrian, bicycle and
vehicular, including traffic calming;
f. Buffers and screening in areas impacted by critical sight lines;
g. Enhancements to preservation areas and open spaces and improvements to planned public
civic and greenway areas;
h. Street lighting, signage and hardscape features;
i. Recreational and civic improvements.
Several of these elements have not been addressed by the applicant. The ARB has also described a need
for similar elements to be addressed in this plan, which will be discussed later in the report. At a minimum
staff would like something that shows how these elements will be addressed, whether it be on a plan or in
.e proffers.
Pedestrian Orientation: While sidewalks and trails are shown on the plan the entire site is not readily
accessible for pedestrians from Avon Street. One barrier that causes inaccessibility for pedestrians is the
environmental concern associated with the old landfill being readily visible on the property. As previously
mentioned location of the greenway trail remains an outstanding issue. If a pedestrian wanted to walk from
Avon Street to 5th Street it would be challenging because there are no sidewalks on the main road and the
trail mayor may not be developed out to Avon Street Extended. This development should be as pedestrian
friendly as possible. Staff believes additional efforts, such as adding pedestrian access from Avon Street
Extended, are equally important and should be made to meet this principle.
Other: The applicant has provided interconnected streets and transportation networks. However, as
mentioned in previous staff reports, staff feels consideration should be made for providing at a minimum a
pedestrian connection opportunity to the adjacent Willoughby development.
While the applicant is providing as shown on the plan a passive open space/trailhead park area; no details
of the park have been provided. The size is not known, nor the types of amenities being provided in these
spaces. It would be helpful for staff to have more details of this area in order to what level of park/open
space will be provided for the public.
Parking on this site is not completely relegated. However, the plan for a 65 foot tall structured parking facility
will help reduce the sea of parking shown in the lots.
There are steep slopes, rock, streams, wooded areas, floodplains and sensitive soils located on this site.
_here are areas on this site where critical slopes will be disturbed and stream buffers will be encroached
.pon due to locations of the road. Staff feels the stream buffers that will be encroached on by the proposed
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road are minimal compared to the importance of protection of some of the areas around the old landfill that
are eroding near the stream banks.
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested zoning district:
The purpose and intent of the Planned Development - Shopping Centers (PD-SC) district is to permit the
development of neighborhood, community and regional shopping centers in accordance with the
comprehensive plan. These districts serve areas not conveniently and adequately provided with a broad
range of commercial and service facilities. The existing Light Industry (L1) zoning district provides for
industries, offices and limited commercial uses which are compatible with and do not detract from
surrounding districts. Staff believes that the proposal meets the intent of the PD-SC.
Public need and justification for the change: The County's Comprehensive Plan supports development
in the designated development areas that is consistent with use, density, and form recommended in the
Plan. Fifth Street-Avon Center's uses and form are viewed as being generally in conformity with the
Comprehensive Plan.
Impact on Environmental, Cultural, and Historic Resources: There appear to be impacts on
environmental, cultural, or historic resources. A significant portion of this site is wooded and much of the
proposed development would be located in areas where the Open Space Plan shows wooded areas.
Critical Slopes will significantly be removed or impacted by this development due to the needed site grading
and public utility extensions (water & sewer). There are stream buffers and floodplains that will be disturbed.
As previously discussed and requested, the applicant is now showing conservation areas, but no
preservation areas. Much of the site will be disturbed in some manner, although the Moore's Creek will be
preserved.
The applicant provides a proffer that begins to address historic resources. However, the language in the
proffer does not specifically address staff's request, which is described in Attachment D.
Anticipated impact on public facilities and services:
Streets and Roads: The primary impact will be on Fifth Street and Bent Creek Road in the City of
Charlottesville. These roads located in the City will need to be upgraded and incorporated into the City
street system. City staff has been provided information on the proposal and proffers have been provided to
address impacts on the City streets.
The existing entrance to the site includes a bridge over Moore's Creek, which will need to be improved. It is
a public right of way that is privately maintained because the bridge was never accepted into the state
maintenance system. The applicant has provided proffers to address needed improvements to this bridge.
The applicant is not showing curb and gutter or sidewalks on the main road through the development. The
Comprehensive Plan Amendment describes the main road through this development in the following
manner:
"The former warehouse access road should become a parkway along Moore's Creek, but should not be
designed as a major thoroughfare. The road need not be improved with curbing, but should, to the
extent feasible, be confined mainly to the existing travelway and disturbed area. To avoid additional
disturbance to this stream buffer, sidewalks should not be required on this road. The greenway along
Moore's Creek is recommended as a pedestrian alternative."
Should this property be subdivided, the subdivision ordinance requires curb and gutter, sidewalks, street
trees, and connectivity. A waiver process of the subdivision ordinance is available per Section 14-410
Standards for all streets and alleys.
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Fire, Rescue. Police: The Monticello Fire-Rescue station has been constructed off of Mill Creek Drive
Extended and provides service to this site. Currently, the Monticello station adequately serves this area,
meeting response time standards. Response time along the Avon Street Extended corridor of the
_evelopment Area is approximately 5 minutes. However, response times may be affected by continued
~rowth in the area. Albemarle County 5th Street Office Building contains the County's Police Department,
although the police patrol all areas of the County. Current policy of police services recommends an average
response time of 10 minutes for all Development Areas.
Stormwater Manaqement: The plan does not indicate conceptual measures for stormwater detention. Since
this development proposal lies adjacent to flood plain of Moore's Creek, the applicant may be considering a
detention waiver.
Utilities: Albemarle County Service Authority indicates that water and sewer service is available to serve the
site.
Anticipated impact on nearby and surrounding properties: Surrounding properties are already
experiencing a change in character as new development has already occurred around them in the City of
Charlottesville, and in the County. With residences on the north side of Fifth Street-Avon Center, it is
importantto protect these residential uses from roads and commercial uses adjacent to them in Fifth Street-
Avon Center. Landscape screening and stream buffers may help to protect these residences.
ARCHITECTURAL REVIEW BOARD COMMENT
The proposed 5th Street - Avon Center development falls within the 1-64 and Avon Street Entrance
Corridors. This project was reviewed by the ARB on January 16, 2007. Only one of the ARB's comments
has been addressed. The following list outlines the outstanding ARB comments. Many of these comments
relate to the design elements of this site that were previously mentioned in this report as lacking. While staff
would prefer to see all of these outstanding issues addressed with the rezoning, it is possible for some
.sues to be addressed at time of site plan. Staff recommendations follow each item below in bold italics.
1. Traditional "back of building" materials shall not be used for the home improvement and major retail
spaces. Translucent roofing materials shall not be visible from the EC. (Visibility shall be determined by
the ARB.) Roofs or parapet walls shall be used to eliminate visibility of rooftop equipment from the ECs.
Staff would like to see this issue addressed as part of the re-zoning through a proffer
commitment, although addressing it at site plan is an option.
2. Maintain all grading on site along the southern/southwestern property boundary. Maintain a minimum
50' deep planted buffer on site along the southern/southwestern property boundary. Planting in this
buffer shall consist of a mix of evergreen and deciduous trees planted in an informal pattern (not planted
in regUllarly spaced rows).
Although the retaining wall on the south side. of the property has been shifted slightly to the
east, these issues have not been sufficiently addressed. Staff suggests a proffer commitment to
address this concern.
3. Trees shall be provided along both sides of Bent Creek Parkway at 40' on center, 2 'W' caliper minimum
at planting.
This issue can sufficiently be addressed during the site plan process.
4. Provide tree islands in the parking areas so that no more than 10 parking spaces run consecutively
without a tree island. Trees in parking lot interiors and perimeters shall be planted at 2'Y2" caliper
minimum.
Staff suggests a proffer commitment to address this concern.
..
The 30'-35' light pole hei{~ht illustrated in the application plan is not approved with the rezoning. Light
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pole height is subject to ARB review/approval with the site development plan.
This can be addressed by revisions to the application plan.
6. Illuminated wall signs shall be limited to the north side of the home improvement, structured
parking/retail, and major retail spaces.
Staff would like to see this issue addressed as part of this re-zoning through a proffer
commitment, although addressing it at site plan is an option.
PROFFERS (See Attachment G)
Staff is concerned with the following regarding the proposed proffers. Staff recommendations follow each
proffer in bold italics.
2. Road Improvements. The proffer says in part, "Regardless of whether a road improvement described
in Proffer 2 has been accepted by VDOT or the City for public use, no building permit, certificate of
occupancy or other County approval shall be denied due to nqncompliance with any obligation of Proffer
2 that relates to completion of a public road improvement so long as the plans for such road
improvement have been approved by VDOT or the City and sufficient bond has been supplied to satisfy
all costs to complete such road improvement."
Staff feels that these types of improvements should not be satisfied by bonding. While the
language for this proffer has been revised, staff remains concerned that the proffer will be
satisfied and building permits cannot be held up, if these improvements are bonded.
4. Greenway Park and Pedestrian Trails Master Plan. The proffer makes reference to "a County Park
Authority. "
The County does not have such an authority.
5. Tree Conservation Areas.
Page 6 of this staff report describes the concern and suggested additional terms that will need to
be followed in order to make this proffer work.
7. Moore's Creek Erosion and Buffer Projects. This proffer describes projects relating to erosion located
in the subject area of Moore's Creek that the County would like to see completed.
While this proffer is acceptable, staff would like the actual map referenced in the proffer to be
included.
8. Former Landfill Site; Work Plan; Department of Environmental Quality.
Page 7 of this staff report describes the concerns/issues relating to this proffer. In addition to
the concerns previously mentioned in this report, a portion of this proffer relates specifically to
the construction of Bent Creek Parkway. Staff feels this proffer should also pertain to the entire
site development in the land fill area, not just the roadway construction.
9. Cultural Resources.
Page 6 of this report describes staff's concern with this proffer. Staff would like to see
clarification of the proffer language.
SUMMARY
Staff has identffied the following factors, which are favorable to this rezoning request:
1. The road connection from 5th Street via Bent Creek Road to Avon Street Extended creates
an additional east and west connection in this portion of the County and City.
2. This development will add additional commercial/retail uses to a portion of the County that
lacks a variety of retail shopping options; particularly as residential development in this
portion of the County continues to be built.
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.
Staff has found the following substantive matters for this rezoning that are still outstanding:
1. This request is located within the 1-64 and Avon Street entrance corridors. SevE ral of the
ARB comments remain unaddressed. As previously described in this report, some of the
ARB's concerns may be able to be addressed during the site plan process and these would
require technical fixes, but staff has also recommended ARB issues/concerns i ~ this report
that need to be addressed with the rezoning and are substantive matters.
2. Similar to number 1 above, the Comprehensive Plan Amendment features rega rding
architecture, urban design, and landscape treatment still need to be addressed
3. A completed work plan approved by DEQ regarding environmental concerns re ating to the
old landfill remains outstanding. A proffer has been provided that will ensure th ~t the work
plan is completed and approved by DEQ prior to approval of the first final site pan.
4. Cultural resources remain to be addressed.
5.
In order to avoid the old landfill, the Greenway trail crosses a stream in a mann~r that is
unknown and goes off site on property not owned by the applicant. Completion of the work
plan approved by DEQ is needed in order to provide feasible guidance regardir g the
location of the trail.
6. Language for Road Improvements Proffer needs to be revised so that such improvements
are satisfied by construction.
7. Pedestrian access from Avon Street needs to be addressed.
8. The potential for a proposed pedestrian interconnection to the adjacent Willoug ~by
development needs to be provided.
The follov ing lists technical issues, some of which regard the proffers that are still outstanding:
.
1. Critical Slopes Waiver request. With additional revised proffer language staff fe ~Is that this
issue can be recommended for approval.
2. Location of all stream crossings needs to be identified on plan, including the cre ssing for the
greenway trail.
3. Language regarding tree conservation areas and the forest stewardship plan nE ed to be
provided.
4. Additional details regarding the passive open space/trailhead park area are needed, such as
size, and types of amenities being proposed.
RECOMN ENDATION
Without rE solution of the aforementioned outstanding issues, staff cannot recommend approval Should the
PC wish t I> recommend approval of this proposal to the Board inclusive of proffers and the appl cation plan,
staff recorrmends that this recommendation be based on resolution of the outstanding issues b~fore the
Board act~ on this rezoning.
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SP 2007-04 - Special Use Permit for Parkina Structure
Enaineerina Comments: Staff does not have any significant engineering issues regarding the proposed
parking structure use.
STAFF COMMENT
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a
finding by the Board of Supervisors that such use will not be of substantial detriment to
adjacent property,
The proposed parking structure use is not expected to have extreme impacts on the adjacent
properties. The parking structure will be located in a shopping center between a home
improvement store and a retail store. The portion of the property where the parking structure is
located is adjacent to Interstate 64. The parking structure use may create some elevated noise
when in use, but probably not any more than the adjacent highway. As shown on the plan there
is a landscape enhancement owned by VDOT.
that the character of the district will not be changed thereby and
Considering the proposed use is a shopping center, staff believes that the use of a parking
structure is somewhat minimal in nature and will not change the character of the district as an
element of an approved shopping center.
that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and
identified no conflict that would arise as a result of its approval.
with uses permitted by right in the district,
The proposed PD-SC district would be appropriate for the shopping center planned for the
property. The PD-SC district allows commercial and service establishments permitted by right in
the C-1, CO and HC districts. (Section 25.2.1). One intent of the PD-SC district is to create the
development of neighborhood, community and regional shopping centers. PD-SC districts are
intended to. serve areas not conveniently and adequately provided with a broad range of
commercial and service facilities. Regulations are intended to encourage planned commercial
centers with carefully organized buildings, service areas, parking areas and landscaped areas.
Parking structures are allowed in the PD-SC district by special use permit (Section 25.2.2).
There are small scale commercial uses already located in the vicinity. This proposed
development will add a larger commercial venue to a portion of the County that is somewhat
underserved with a variety of commercial uses for the residents living near there. This site is
also in an entrance corridor. The SP for the structured parking was reviewed by the ARB on
February 20, 2007. The ARB's recommendation follows: "Noting that insufficient information on
the architecture of the building was available for review, the ARB has no' objection to the
request for the Special Use Permit and further notes that "back of building" materials shall not
be used for the parking structure."
with the additional regulations provided in section 5.0 of this ordinance,
Section 5.1.41 PARKING LOTS AND PARKING STRUCTURES states that "A site plan shall
be required for each parking lot and parking structure, unless the requirement is waived as
provided in section 32.2.2." A waiver has not been requested. A site plan will be expected.
and with the public health, safety and general welfare.
The public health, safety, and general welfare of the community is protected through the special use
permit process which assures that uses approved by special use permit are appropriate in the location
requested. VDOT and Albemarle County Service Authority concerns have been addressed. (See
12
2lv
SUMMA Y
.taff has identified the following factors, which are favorable to this request:
1. T e use of a parking structure will provide an alternative to the "sea" of parking that would otherwise
r suit from surface parking.
Staff has not identified any factors, which are unfavorable to this request.
RECOM ENDED ACTION
that this request generally complies with the provisions of the Zoning Ordinance and the
nsive Plan, and recommends approval of SP 07-04 without conditions.
ATTACH ENTS:
ATTACH ENT A: Tax Map
ATTACH ENT B: Location Map
ATTACH ENT C: General Development Plans, dated June 22,20067
ATTACH ENT D: Memorandum from Julie Mahon dated February 19. 2007
ATTACH ENT E: Electronic Mail from Joel Denunzio dated July 10, 2007
ATTACH ENTF: Memorandum from VDOT dated February 26,2007, and ACSA comments dated
February 26, 2007
.TTACH ENTG: Proffers dated June 22,2007
.
13
21
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TO:
FROM:
DATE:
RE:
ttachment D
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823 Ext,3336
Fax (434) 972 -4012
MEMORANDUM
Claudette Grant
Julie Mahon
February 19,2007
ZMA 2007-00009 5'h Street Avon Center - Historic Resources Review
The abo e referenced submittal has been reviewed for possible impact to known historic (fifty years old 0 older) architectural
resource and known or potential archaeological resources with the following results:
.
1. The Virginia Department of Historic Resources' (DHR) Data Sharing System (DSS) has identifie Willoughby, a c.
1850s dwelling within the project area. Records indicate that the once grand mansion was all owe to fall into an
abandoned, dilapidated state, and eventually burned in 1991. The site has not been evaluated by HR.
2. The applicant provided a copy of the DHR subject file on Willoughby. While the information con ained within the file
sets the historical background for the site, it does not, however, provide any data concerning curr nt conditions and the
ossibility of surface and/or archaeological resources which have not been systematically recorde .
~ince W lloughby was established during the mid-19th century, there is a high probability that historic arti cts and possibly a
private c metery will be present within the proposed project area. Therefore, it is the applicant's best inter st to pursue a
reconnai sance or Phase I archaeological survey prior to commencing with grading. This work will not onl provide
documen ation of any remaining historic resources located within the site, but may also rule out the possibility of human
remains' the area. It is with this in mind that the following is recommended:
1.
2.
3.
4.
5.
6.
.
7.
reconnaissance or Phase I Archaeological Study for the project area, prepared by a qualified ar haeologist meeting
he minimum requirements set forth by the Secretary of the Interior, shall be submitted to the Dire tor of Planning for
is review and approval prior to land disturbance.
treatment plan shall be submitted to, and approved by, the Director of Planning for all sites in t e study area that are
ecommended for a Phase II evaluation, and/or identified as being eligible for inclusion on the Na ional Register of
istoric Places. .
f a Phase II study is undertaken, such a study shall be approved by the Director of Planning and a treatment plan for
aid sites shall be submitted to, and approved by, the Director of Planning for sites that are determ ned to be eligible
or inclusion on the National Register of Historic Places and/or those sites that require a Phase III tudy.
fin the Phase II study, a site is determined eligible for nomination to the National Register of His oric Places and said
ite is to be preserved in place, the treatment plan shall include nomination of the site to the Natio al Register of
istoric Places.
I a Phase III study is undertaken for said sites, such studies shall be approved by the Director of Panning prior to land
isturbance within the study area.
II Phase I, Phase II and Phase III studies shall meet the Virginia Department of Historic Resourc s' Guidelines for
reparing Archaeological Resource Management Reports and the Secretary of the Interior's Stand rd and Guidelines
r Archaeological Documentation, as applicable, and shall be conducted under the supervision of qualified
chaeologist who meets the qualifications set forth in the Secretary of the Interior's Professional ualification
tandards.
II approved treatment plans shall be incorporated into the plan of development for the site and sh II be adhered to
d ring the clearing, grading and construction activities thereon.
Please not that if findings from the initial survey yield no significant artifacts and a Phase II study is not re ommended, no
'73
6
Revised Z A submission 5th Street Avon Center
Attachm nt E
From: Denunzio, Joel D., P.E. [JoeI.Denunzio@VDOT.virginia.gov]
Sent: Tuesday, July 10, 20072:02 PM
To: Claudette Grant
Cc: Juandiego Wade
Subject: Revised ZMA submission 5th Street Avon Center
A submission 5th Street Avon Center
Claudette,
Page 1 of 1
I have revi ed the above proffer statement and all previous comments look to be adequately addre sed. I have no
further com ents.
Thanks,
Joel
Joel DeNunzio, P.E.
Staff En i neer
.4-293-
joel.denunzio YlrginiaDOT.org
.
'711 f\ 1'"1 (\(\'7
.35
.
.
.
Attachment F
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
1601 Orange Road
Culpeper, Virginia 22701
VirginiaDOT .org
D vid S. Ekern, P.E.
OMMISSIONER
February 26th, 2007
Mr. Bill Fritz
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Special Use Permits and Rezoning Submittals
Dear Mr. Fritz:
Below are VDOT's comments for the February 2007 Rezoning and Special Use Permit
applications:
SP...2007-00001 Four Seasons Learnine: Center - Amendment (Elaine Echols)
. This proposal assumes on street parking is available.
-. If the parking on Four Seasons Drive and Lakeview Drive creates problems from lack of
room or inadequate sight distances, VDOT will post no parking signs in those locations.
SP-2007-00002 Farm Worker Housine: (Scott Clark)
. No comments
SP-2007-00003 North Point - Stream Crossine:- Middle Entrance (Tamara Ambler)
. The plan view does not reflect what is shown in the typical section for the road. If the
typical section is applied in the plan view the footprint in the flood plain will be larger.
. The profile is lacking data and appears to be inaccurate. Changes to the profile will
affect the impacts to the flood plain.
. The designer needs to verify that the soils are adequate for the installation of a con-span.
The geotechnical report and structural data will need to be submitted and approved by
VOOT fur the structure. '.
. The con-span design needs to be in accordance with VDOT's Hydraulic Design Advisory
HAD-0602. The design also needs to consider scouring of the soils around the proposed
footers.
. It appears that travel lanes are to be dropped before the crossing. Lane drops need to be
designed in a.ccordance with VDOT's Road Design Manual and AASHTO's A Policy on
Geometric Design of Highways and Streets latest editions. If the lane drops are not
37
considered with the crossing future road plans could increase the impact to the flood
plain.
SP-2007-00004 5th Street - Avon Center - Parkine Structure (Claudette Grant)
. I received a plan for this but no application.
. I have no comments on the parking structure.
. Cannot comment on adequacy ofthe proposed typical sections and roads at this time due
to lack of detailed design information.
. All proposed roads and connections that are to be for public use must be approved by
VDOT.
SP-2007-00005 Small Does Dav Out (Amv Arnold)
. I did not receive an application for this but did receive a package of photographs.
. I have no comments on this plan.
ZMA-2007-00001 Hollvmead Town Center. Area A2 (Sean Douehertv)
. The road and Right of Way widths are not adequate to accommodate the roadway section
necessary for Meeting Street. The typical section of Meeting Street should be a 4-lane
divided road.
. There also may be a roundabout at the intersection of Abington Place and Meeting Street.
. These street alignments do not comply with the streets identified in the Places 29 Study.
If you have any questionsyplease let me know
Sincerely,
Joel DeNunzio, P.E.
Residency Program Manager
VDOT Charlottesville Residency
.- OOWMSOF
TRAH.SPORTATlONEXCEU.ma.
1906 2006
3~
.
.
.
il
I
. 0: Claudette Grant, Planner
I ROM: Gary Whelan, Civil Engineer
Albemarle County Service Authority (ACSA)
IPATE: February 26,2007
I~E: Site Plan Technical Review for: sth St.-Avon Center Parkin!:! Structure
(TM 76M1-2A.2B&4A)
SP-2007 -0004
Tt e below checked items apply to this site:
.x. 1. This site plan is within the ACSA's jurisdictional area for:
.x. A. Water and sewer;
B. Water only;
C. Water only to existing structure;
D. Limited service.
.x. 2. A -1L inch water line is located approximately SOO' distant.
.x. 3. Fire flow from nearest public hydrant, located onsite, is. 2970 gpm ~
at 20 psi residual.
.x. 4. A 2!L inch sewer line is located approximately 100' distant.
S. An Industrial Waste Ordinance survey form must be completed.
.x. 6. No improvements or obstructions shall be placed within existing or future
easements.
7. _ and _ plans are currently under review.
8. _ and _ plans have been received and approved.
9. No plans are required.
.x. 10. Final water and sewer plans are required for ACSA's review and
approval prior to granting tentative approval.
11. Final site plan may/may not be signed.
.x. 12. RWSA approval for water and/or sewer connections.
C( mments:
Tt e site plan does not show or incorrectly shows:
meter locations
waterline locations
sewer line locations
easements
waterline size
sewer line size
_ expected wastewater flows
_ expected water demands
09 ko 5th St.-Avon Center Site Plan 02-26-07
31 III
.
.
.
I
I
Attachment G
Original Proffer: November 20, 2006
Amended Proffer: June 22, 2007
PROFFER FORM
Date: June 22. 2007
ZMA # 2006-09
Tax Map and Parcel Number(s): 76-MI-2A: 76-MI-2B: 76-MI-4A: and 77-MI-IIE
81.94 Acres to be rezoned from LI to PD-SC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its
duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of the
requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for
the conditions; and (2) such conditions have a reasonable relation to the rezoning request.
I. Aoolication Plan. Development shall be in general accord with the
Application Plan entitled, "5th Street - Avon Center, ZMA Application Plan, Conceptual
Master Plan", (Sheet 6 of 14), prepared by The Cox Company, last revised June 22, 2007
("Application Plan"). The owners have presented, as part of their rezoning applications,
a number of conceptual plans and illustrations for various purposes, but principally to
provide justification for the rezoning actions they are seeking. Unless specifically
referenced in these proffers, all plans and illustrations submitted as part of the
Applicant's rezoning application, other than the Application Plan as defined above, shall
be deemed illustrative only, and such plans and illustrations shall not be deemed proffers.
2. Road Imorovements. Applicant (also referred to herein as the "Owner") shall
cause completion of the following road improvements:
A. Bent Creek Road and Sth Street Intersection. Pursuant to road plans
approved by the Virginia Department of Transportation ("VDOT"), the City of
Charlottesville, and the County as a condition of the initial site plan for the Project,
Owner shall construct signal and lane improvements for the westbound lanes of Bent
Creek Road and the southbound lanes of Sth Street at the Bent Creek Road and 5th Street
intersection. If required by the City of Charlottesville, such improvements shall include:
(i) dual left turn lanes southbound on 5th Street; (ii) dual right turn lanes northbound on
5th Street; and (iii) extended single left turn lane northbound on Sth Street.
B. Bent Creek Road Bridge. Pursuant to road and bridge plans approved by
VDOT, Owner shall widen, or replace the existing bridge spanning Moore's Creek
supporting Bent Creek Road as part of the initial site plan for the Project. The bridge
expansion shall be sufficient to accommodate at least two (2) through lanes for Bent
Creek Road.
41
C. Bent Creek Parkway. The Owner shall cause to be constructed and
dedicated a two lane, (with right-of-way sufficient for future expansion to four lanes)
limited access road from the bridge at Bent Creek Road through to Avon Street in the
general location shown on the Application Plan ("Parkway"). The Parkway may be a
'rural section' in design, without curb and gutter. Construction of the Parkway shall be
completed for acceptance by VDOT for public use and dedication of right-of-way (and
all necessary easements dedicated to the County) within three (3) years from the date of
approval of a final site plan within the Project. [N.B. the County's acceptance of this
proffer shall not confer any approval of special use permits for any construction of the
Parkway or other improvements within the floodplain, if necessary; the approval of such
permits shall be reserved by the Board of Supervisors.]
D. Avon Street Improvements. The Owner shall dedicate land, if necessary,
and construct a right turn lane on Avon Street southbound from the northern boundary of
the Property to the intersection of Avon Street and the Parkway. If warranted, the Owner
shall construct a left turn lane and signal improvements at the intersection of Avon Street
and the Bent Creek Parkway.
E. Transportation Proffers Compliance.
1. The road improvements listed in 2B, 2C, and 2D above shall be constructed in
accordance with road plans submitted by the Owners and approved by VDOT. All of the
foregoing improvements listed in 2B, 2C, and 2D shall be (i) constructed to VDOT
design standards pursuant to detailed plans agreed to between the Applicant and VDOT,
and (ii) accepted by VDOT for public use or bonded for VDOT's acceptance. The width,
(except as specified in 2C above) length, location, (inside median or outside existing
pavement), type of..section (e.g., urban vs. rural), and geometrics of all lane
improvements' shall be as required by VDOT design standards and detailed plans
submitted by the Owner and approved by VDOT.
2. Any signal improvements proffered herein shall be coordinated among the
City of Charlottesville and VDOT to address signal timing.
3. The Owner shall submit to the City of Charlottesville engineering drawings,
plans, and construction documents ("City Transportation Plans") for all road, signal and
other transportation improvements contemplated in these Proffers or shown on the
Application Plan that are located within the limits of the City of Charlottesville. The City
Transportation Plans shall be submitted within sixty (60) days after the first site plan for
the Property is submitted to the County. The Owner shall diligently pursue approval of
the City Transportation Plans with the City. If the City does not approve all the City
Transportation Plans within six (6) months after the first final site plan for the Property is
approved by the County, the Owner shall not be required by these Proffers to construct
any improvements for which approvals have not been obtained. The Owner also shall not
be required by these Proffers to acquire right-of-way or otherwise pay for right-of-way in
the City for such improvements.
L}l-
.
4. Regardless of whether a road improvement described in this Proffer 2 has b~en
accepted by VDOT or the City for public use, no building permit, certificate I of
occupancy or other County approval shall be denied due to noncompliance with 1ny
obligation of this Proffer 2 that relates to completion of a public road improvement. so
long as (i) plans for such road improvement have been approved by VDOT or the City as
applicable) and (ii) sufficient bond has been supplied to satisfy all costs to complete s~ch
road improvement in accordance with such plans and the requirements for accepta*ce
into the secondary system of state highways, and (iii) construction of such n~ad
improvement has begun and has not been discontinued for more than one hundred eig~ty
(180) days; provided, however, that the Owner shall not be relieved of its obligat on
under this Proffer 2 to complete such road improvement for acceptance by VDOT, or he
City (as applicable). I
,
I
F. Park and Ride Lot. The Owner shall provide a paved parking area on lhe
Property consisting of no less than twelve (12) spaces either: i) within the area labe ed
"Future Development" (as shown on Sheet of the Application Plan) or ii) in conjuncton
with the construction of a parking area for another use, (e.g. a grocery store), for
temporary use by commuters accessing transit, trails or carpools (the "Park and R,de
Lot"). Construction of the Park and Ride Lot shall occur in conjunction with ~he
construction and dedication of the adjacent Bent Creek Parkway section or, if the P,rk
and Ride Lot is constructed within a parking area for another use (e.g., a grocery sto*),
then the Park and-Ride Lot shall be constructed in conjunction with such use.
.
3. Greenway Dedication. The Owner agrees to dedicate and construct a linktto
the section of trail through the Property in the location shown on the Application PI n.
The section of trail shall be installed within six (6) months of the issuance ofa certific te
of occupancy within the Project. This section of trail shall be constructed to meet ~he
Class A trail definition as contained in the County's Greenway Plan. The eXisti*g,
dilapidated bridge over Biscuit Run Creek shall be restored or replaced (for pedestrianlor
bicycle use only) as part of the trail section. In the event that sufficient right-of-~ay
exists or can be obtained by others, the Owner agrees to construct an extension of the lipk
for the Rivanna Trail System beyond the Property line to the Interstate 64, along Biscf1it
Run, in the area shown on the Application Plan. I
i
I
I
4. Greenwav Park and Pedestrian Trails Master Plan. Within the area depicted pn
the Application Plan as Park/Open Space, Owner agrees to dedicate a Greenway park~to
include the stream valley areas along Moore's Creek for use by the public for hiki g,
bicycling, picnicking and other passive recreational use. At least five (5) parking spa es
in the adjacent parking lot on the Application Plan shall be reserved for a trail head use.!
I
i
I
Owner shall develop a master plan for, and construct a Greenway Park a~d
Pedestrian Trail system. Subject to County approval as part of the first site plant for t e
Project, the Greenway Park and Pedestrian Trails master plan shall incorporate t e
following elements:
.
L/3
1. Greenway Park and Trailhead Park routing plan;
11. 5th Street! Avon Connector Road preliminary engineering plan;
111. Preliminary landscape plan for impact area;
IV. Critical slope impact evaluation and option assessment; and
v. Tree survey within the Stream Buffer area;
The Greenway Park and Pedestrian Trails master plan shall be coordinated with the
Director of Community Development and County Park Authority. The Greenway Park
and Pedestrian Trails master plan shall be submitted with the first final site plan for the
Property and shall identify, design and incorporate the items cited in i-xii above. This
Proffer 4 shall be satisfied upon (a) approval of all relevant elements of the Greenway
Park and Pedestrian Trails master plan by the requisite federal, state, and local approval
agencies and (b) posting of a bond satisfactory to Albemarle County for construction of
any improvements as depicted on the approved Greenway Park and Pedestrian Trails
master plan.
5. Tree Conservation Areas. Within the areas depicted on the Application Plan
as Conservation Areas, no land disturbing activities shall occur except in accordance with
Best Management Practices, as defined by the Virginia Department of Forestry.
Management of Conservation Areas on the Property for any other purpose, including
wildlife habitat improvement, shall be in accord with a forest stewardship plan approved
by the County of Albemarle. Best Management Practices, as defined by the Virginia
Department of Forestry, shall be used to control erosion and protect water quality during
any forest activity. The primary objectives of the forest stewardship plan shall be to (a)
maintain the health of the Conservation Areas, (b) maintain a scenic, urban forest and (c)
conserve soil and water.
In addition to providing a forest stewardship plan, Owner shall replace trees that
must .be removed in the areas denoted as "Conservation Areas" on the Application Plan
that lie within the Greenway Park. Replacement shall be two (2) trees of similar species
or quality for each removed, or destroyed tree. All tree replacement shall be in accord
with the final landscape plan for the first final site plan for the Property. Owner's proffer
to replace trees within the Conservation Areas shall apply only to existing trees within the
final, approved Greenway Park pursuant to the Greenway Park and Pedestrian Master
Plan, described above. Trees to be replaced must be in excess of 12" dbh. Variations in
the specific location and extent of the "Conservation Areas" as depicted by the
Application Plan may be accepted provided that such variations (a) are supported by final
engineering, geotechnical, and environmental analysis and (b) have been mitigated to the
satisfaction of the Director of Community Development.
6. LEED Standards for Core & Shell Development. The Owner shall cause
commercial buildings within the shopping center portion of the Project to be designed
and constructed so as to be rated a minimum of "Certified" under the LEED Green
Building Rating System for Core & Shell Development, as set forth in the U. S. Green
Building Rating System, Version 2.0, July 2006 (collectively, the "LEED Compliant
Commercial Space"). For each commercial building containing LEED Compliant
44
.
Commercial Space, the Owner shall post a performance bond in favor of the County in
the amount of $50,000.00 which shall be released to the Owner upon third party
determination that such building is constructed to the minimum standard provided in this
Proffer 6. If the owner fails to achieve such minimum standard within one (1) year after
issuance of the certificate of occupancy for such building, then the bond shall be released
to the County.
7. Moore's Creek Erosion and Buffer Proiects. The Owner shall complete the
erosion and buffer projects for Moore's Creek, above Biscuit Run in the areas depicted
on the map attached ("Moore's Creek Action Projects"). The Moore's Creek Action
Projects are more particularly described in the County's Stormwater Action Lists Report
for Stormwater Master Plan, prepared by CH2MHill, dated January, 2004. The Moore's
Creek Action Projects scope will be subject to all applicable federal and state and local
approvals.
.
8. Former Landfill Site: Work Plan: Department of Environmental Ouality. As a
condition for the first, final site plan approval, the Owner shall have obtained Virginia
Department of Environmental Quality ("DEQ") approval ofa work plan ("Landfill Work
Plan") addressing the implications of Owner's constructing any portion of the Bent Creek
Parkway, and any related improvements, on the former City of Charlottesville Landfill
site, as depicted on the attached Exhibit A. The Landfill Work Plan shall be prepared by
,an environmental consulting fIrm and shall contain the following:
A. A discussion of the geology, site history, and generalized subsurface
stratigraphy of the landfill site, based upon a systematic study to include field
observations, and if necessary, electromagnetic induction (EM) survey to determine the
-lateral extent of waste deposits on the Property.
B. A plan to stabilize, cover or otherwise address to DEQ's satisfaction any
areas of exposed waste on the Property discovered during the systematic study referenced
in A. above.
C. A plan that addresses the construction techniques to be employed to allow
construction of Bent Creek Parkway and any related improvements over the waste
deposits within the landfill site. For example, to the extent dynamic compaction of the
waste deposits will be required to construct the roadway, the plan will describe where and
how dynamic compaction will be performed.
.
Unless DEQ requires otherwise, the components of the Landfill Work Plan referenced
above may be submitted to DEQ separately or within the same document.
9. Cultural Resources. Prior to commencing land disturbance of any of the area
included in the former Willoughby Mansion Site (the "Potential Resource Site"), the
Owner shall cause to be completed and supplied to the County, a Phase I Historic
Resources Survey ("Phase I Survey") for each such Potential Resource Site to be
disturbed. Each Phase I Survey shall be conducted pursuant to the National Historic
Preservation Act of 1966, as amended, the Archaeological and Historic Preservation Act
,-/5
of 1974, and Executive Order 11593. The consultant conducting the Phase I Survey shall
meet the professional qualification standards of the Department of the Interior (48 Fed.
Reg. 44,738 - 44,739). The archaeological fieldwork component of the Phase I Survey
shall conform to the qualifications specified by the Secretary of the Interior's Standards
and Guidelines for Archeology and Historic Preservation (48 Fed. Reg. 44,716 - 44,742
(1983)), and by the Virginia Department of Historic Resources in its publication entitled
Guidelines For Conducting Cultural Resource Survey In Virginia: Additional Guidance
for the Implementation of the Federal Standards Entitled Archaeology and Historic
Preservation: Secretary of the Interior's Standards and Guidelines (48 FR 44742,
September 29. 1983), 1999, rev. 2000. In the event that any human remains are
encountered in the course of conducting any Phase I Survey, no land disturbance shall
proceed prior to delivery of evidence to the County that all applicable regulations
regarding the disturbance or removal of such remains have been complied with, or that
avoidance can be achieved. The Phase I Survey consultant shall follow federal and state
guidelines and legislation in conducting the Phase I Survey in making recommendations
regarding any Potential Resource Site's eligibility for nomination to the National Register
of Historic Places (NRHP). All artifacts generated in the course of survey and associated
records will be curated according to the requirements specified in Curation of Federally
Owned and Administered Archaeological Collections (36 C.F.R. 9 79) and Virginia
Department of Historic Resources State Curation Standards.
Submitted as of the
day
, 2007, by:
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE
PAGES TO:FOLLOW.]
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NEW ERA PROPERTIES, LLC
a Virginia limited liability company
By:
Its Manager
By:
Its:
Date:
AVON HOLDINGS, LLC
a Virginia limited liability company
By:
Its Manager
By:
Its:
Date:
If you intend to proffer to limit the uses of your property to some of the uses permitted
within the property's proposed zoning district, the County suggests that your proffer
contain the standardized introductory language set forth below.
For Proffers that will restrict the uses of the property to certain specified permitted use~
and/or those uses authorized by a special use permit the following language is suggestetl:
Permitted uses of the property, and/or uses authorized by special use permit, sh. 11
include only the following section(s) of the Albemarle County Zoning Ordinan< e
in effect on (insert date of proffer), a copy of the section(s) being attached heretb:
1. (State section number and the use associated with that section)
For proffers that will allow most of the uses permitted in the zoning district, but will
exclude some, the following language is suggested:
Permitted uses of the property, and/or uses authorized by special use permit, shdl
include only those uses allowed in section(s) (insert section number(s)) of the
Albemarle County Zoning Ordinance in effect on (insert date of the proffer), a
copy of the section(s) being attached hereto, except the following:
(State section number and the use associated with that section)
The date of the proffer should be the date that your application will be considered by th
Albemarle County Board of Supervisors.
47
By including the use associate with a section number the County will be able to verify
what is being proffered so that there is no dispute (e.g., as a result of a typographical
error) whether the proffered use was intended to be included or excluded.
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ALBEMARLE COUNTY
ARCHITECTURAL REVIEW BOARD
DESIGN GUIDELINES
J ,.;1
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Memorial Gym, University of Virginia
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BACKGROUND AND PURPOSE OF
ARCHITECTURAL REVIEW
Background
Section 15.1-503.2 of the Code of Virginia authorizes localities to regulate the design of
development along streets, roads, and highways providing access to significant historic structures
and to cities and towns to insure that such development is compatible with the architecture of the
historically significant landmarks, buildings, and structures to which these routes lead. These
"entrance corridors" are to be designated by the locality. The review of development proposals
within such corridors is to be undertaken by locally designated Architectural Review Boards.
On October 3, 1990, the Albemarle County Board of Supervisors adopted Section 30.6 of the
Albemarle County Zoning Ordinance. The section is titled "Entrance Corridor Overlay District"
and implements the authority described above. It specifically designates a number of "entrance
corridors," establishes standards for the review of development proposed within the corridors and
creates a five member Architectural Review Board (ARB). The Board of Supervisors also
appointed members to the ARB and charged them with the responsibility for proposing and
administering a set of Guidelines for development within the designated corridors.
Purpose
The goal of the regulation of the design of development within the designated Entrance Corridors is
to insure that new development within the corridors reflects the traditional architecture of the area.
Therefore, it is the purpose of ARB review and of these Guidelines, that proposed development
within the designated Entrance Corridors reflect elements of design characteristic of the significant
historical landmarks, buildings, and structures of the Charlottesville and Albemarle area, .md to
promote orderly and attractive development within these corridors.
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004.- page]
56
SUMMARY OF PROCEDURES
AND REQUIREMENTS
Crestar Building, High Street
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 2
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What projects must be reviewed by the Architectural Review Board?
If a proposed development project has the following characteristics, it must be rev'ewed by the
Albemarle County Architectural Review Board:
The project is to be located upon a parcel which is within an Entrance Corridor, and
1.) The project requires County approval of a site plan or approval of an ame dment to an
approved site plan before development can begin (generally, only commercial,
industrial, or multi-family development projects are required to have a s'te plan and,
therefore, require ARB approval), or
2.) The project requires County approval of a building permit for a commerci~l, industrial,
or multi-family development project before construction can begin, or I
3.) The project requires a Special Use Permit from the Albemarle Board o~ Supervisors
because it involves outdoor storage or display within an Entrance Corridor ~treet, or
4.) The project requires a Special Use Permit, rezoning, or comprehensive pI amendment
and the Albemarle Board of Supervisors or Planning Commission have req ested advice
from the ARB before acting upon the proposal.
An Entrance Corridor includes all parcels which adjoin or are located within five hund ed (500) feet
of the right-of-way of a County road or highway designated in Section 30.6.2b of t e Albemarle
County Zoning Ordinance as an Entrance Corridor street." Appendix A contains a list fthe current
designations.
In the case of reviews under it ms 1 and 2
above, the ARB must issue a ertificate of
Appropriateness in order for th site plan to
receive final approval and th project to
commence. In the case of re iews under
items 3 and 4 above, the ARB ust make a
non-binding recommendation to he Planning
Commission or Board of Supervisors.
Route 29N
What is required to obtain a Certificate of Appropriateness from the Architectural Re iew Board?
Filinf.!. an Application for ARB Review
The developer must submit an application for ARB review to the Planning Departmen . The ARB
meets twice a month on the first and third Monday. Reviews are scheduled acc rding to the
Albemarle County Architectural Review Board Design Guidelines - Revised Oct ber 2004 - page 3
!51
County's ARB Submission and Review Schedule. The items that must be submitted with each
ARB application are outlined in checklists. The applications, checklists, and review schedule are
available in the Planning Department and on line at www. albemarle.org/planning. Typically, there
is a four-to six-week review period between submittal day and meeting day.
Preliminary Reviews
It is recommended, but not required, that prior to filing an application for ARB review that the
applicant first meet with the ARB staff. Then, an application can be submitted for a preliminary
review with the ARB. After the preliminary review, the ARB will provide the applicant within a
written list of any suggestions discussed during the meeting. Experience has shown that
incorporating these suggestions into the final application will save the applicant time and expense.
Design Requirements
State law and County ordinance both require
that the ARB approve only those proposals
which reflect designs which are compatible
with the historically significant architecture
of the County of Albemarle and City of
Charlottesville. It is not intended that
proposed designs mirror existing historic
structures in the area. Replication of such
structures is neither required nor desired.
However, developers proposing "trademark"
designs can expect that significant
modification will be. required by the ARB
before approval will be granted.
Shell Convenience Store, Route 250E
The guidelines which follow are intended to provide assistance to the applicant in designing projects
which will meet the design requirements of the ARB. In addition, Appendix B contains a list of the
pictures of historically significant structures in the area that are illustrated in this booklet; drawings
which highlight some of the important features of these structures; and photographs of modem
buildings, both in the area and elsewhere, which are considered compatible with these historic
structures.
What is required for a review other than one required for approval of a Certificate of
Appropriateness?
Review of development requiring a Special Use Permit because outdoor display is proposed within
an Entrance Corridor shall require provision of the information required for a "preliminary review,"
or, in the discretion of the ARB staff such additional information, any of which would be required
for the issuance of a Certificate of Appropriateness. Any other reviews requested by the Board of
Supervisors shall be accompanied by such information as shall be deemed appropriate by the ARB
or ARB staff, including the information which would be required for the issuance of a Certificate of
Appropriateness.
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 4
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What appeal is available from decisions of the Architectural Review Board?
Provisions of a Certificate of Appropriateness, or the denial of a Certificate of Appropl iateness may
be appealed to the Board of Supervisors by making a written demand for such appeal t< the Clerk of
the Board of Supervisors within ten (10) calendar days of the decision with respect 0 which the
appeal is sought.
Recommendations of the ARB with respect to Special Use Permits, rezonings, compn hensive plan
amendments, and preliminary conferences preceding application for a C rtificate of
Appropriateness, are not appealable because they are advisory only.
Decisions regarding the application or intent of Section 30.6 of the Albemarle Cl unty Zoning
Ordinance establishing the Entrance Corridor Overlay District may be appealed to tl e Albemarle
County Zoning Administrator.
Albemarle County Architectural Review Board Design Guidelines - Revised Oct< ber 2004 -- page 5
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DESIGN GUIDELINES - GENERAL
Legal Research Building, Route 250W
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 6
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Visitors to the significant historical sites in the Charlottesville and Albemarle are~ experience
these sites as ensembles of buildings, land, and vegetation. In order to aCQomplish the
integration of buildings, land, and vegetation characteristic of these sites, the Guid'1lines require
attention to four primary factors: compatibility with significant historic sites in ~he area; the
character of the Entrance Corridor; site development and layout; and landscaping.
Compatibility with significant historic sites:
New structures and substantial additions to existing structures should respect the traditions of the
architecture of historically significant buildings in the Charlottesville and Albemarle area.
Photographs of historic buildings in the area, as well as drawings of architectural features, which
provide important examples of this tradition are contained in Appendix B
The examples contained in Appendix B should be used as a guide for building design: the standard
of compatibility with the area's historic structures is not intended to impose a rigid de~ign solution
for new development. Replication of the design of the important historic sites in the area is neither
intended nor desired. The Guideline's standard of compatibility can be met through bllilding scale,
materials, and forms which may be embodied in architecture which is contemporal1y as well as
traditional. The Guidelines allow individuality in design to accommodate varying tas~es as well as
special functional requirements.
Slave Quarters at Ash Lawn
Crestar Building, High S~reet
Compatibility with the character of the Entrance Corridor:
It is also an important objective of the Guidelines to establish a pattern of compatible architectural
characteristics throughout the Entrance Corridor in order to achieve unity and coherence. Building
designs should demonstrate sensitivity to other nearby structures within the Entrance Corridor.
Where a designated corridor is substantially developed, these Guidelines require striking a careful
balance between harmonizing new development with the existing character of the corridor and
achieving compatibility with the significant historic sites in the area.
Site development and layout:
Site development should be sensitive to the existing natural landscape and should con~ribute to the
creation of an organized development plan. This may be accomplished, to the extent practical, by
Albemarle County Architectural Review Board Design Guidelines - Revised Octo~r 2004 -- page 7
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preserving the trees and rolling terrain typical of the area; planting new trees along streets and
pedestrian ways and choosing species that reflect native forest elements; insuring that any grading
will blend into the surrounding topography thereby creating a continuous landscape; preserving, to
the extent practical, existing significant river and stream valleys which may be located on the site
and integrating these features into the design of surrounding development; and limiting the building
mass and height to a scale that does not overpower the natural settings of the site, or the Entrance
Corridor.
Landscaping:
The requirements of the Guidelines regarding landscaping are intended to reflect the landscaping
characteristic of many of the area's significant historic sites which is characterized by large shade
trees and lawns. Landscaping should promote visual order within the Entrance Corridor and help to
integrate buildings into the existing environment ofthe corridor.
Continuity within the Entrance Corridor should be obtained by planting different types of plant
materials that share similar characteristics. Such common elements allow for more flexibility in the
design of structures because common landscape features will help to harmonize the appearance of
development as seen from the street upon which the Corridor is centered.
Wachovia Bank, Route 29N
Albemarle First Bank, Route 29N
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 8
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DESIGN GUIDELINES - SPECIFICS
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Moser Radiation Therapy Center, Route 250W
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Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 -. page 9
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This section provides specific recommendations intended to achieve the goals described in the
general design statement.
Compatibility with significant historic sites:
Structure desie:D
1.) Building forms and features, including
roofs, windows, doors, materials, colors
and textures should be compatible with
the forms and features of the significant
historic buildings in the area, exemplified
by (but not limited to) the buildings
described in Appendix B. The standard of
compatibility can be met through scale,
materials, and forms which may be
embodied in architecture which is
contemporary as well as traditional. The
replication of important historic sites in
Albemarle County is not the objective of
these guidelines
2.) Buildings should relate to their site and
the surrounding context of buildings.
3.) The overall 'design"of. buildings should
have human scale. Scale should be
integral to the building.and site design.
4.) Architecture proposed within the Entrance
Corridor should use forms, shapes, scale,
and materials to create a cohesive whole.
5.) Any appearance of "blankness" resulting
from building design should be relieved
using design details or vegetation, or both.
6.) Arcades, colonnades, or other
architectural connecting devices should be
used to unifY groups of buildings within a
development.
7.) Trademark buildings and related features
should be modified to meet the
requirements of the Guidelines.
Legal Research Building, Route 250W
Moser Radiation Therapy Center, Route 250W
Legal Research Building, Route 250W
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 10
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Crestar Building, High Street
Accessory structures and equipment
1.) Accessory structures and equipment
should be integrated into the overall plan
of development and shall, to the extent
possible, be compatible with the building
designs used on the site.
2.) The following should be screened to
eliminate visibility. from the Entrance
Corridor street:
a.) Loading areas,
b.) Service areas,
c.) Refuse areas,
d.) Storage areas,
e.) Mechanical equipment,
f.) Above-ground utilities, and
g.) Chain link fence, barbed wire,
razor wire, and similar security
fencing devices.
Liberty Station, Route 29N
(previously Amoco)
3.) Screening devices should be compatible
with the design of the buildings and
surrounding natural vegetation and may
consist of:
a. ) Walls,
b.) Plantings, and
c.) Fencing.
4.) Surface runoff structures and detention
ponds should be designed to fit into the
natural topography to avoid the need for
screening
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page II
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Lil!htinl!
General Guidelines
(Adopted by the ARB on November 16, 1998)
1.) Light should be contained on the site and not spill over onto adjacent properties or streets;
2.) Light should be shielded, recessed or flush-mounted to eliminate glare;
3.) The light should achieve an incandescent effect;
4.) Dark brown, dark bronze, or black are appropriate colors for free-standing pole mounted
light fixtures in the Entrance Corridors.
,
Wachovia Bank, Route 29N
5.) The height and scale of freestanding,
pole-mounted light fixtures should be
compatible with the height and scale of
the buildings and the sites they are
illuminating, and with the use of the site.
Typically, freestanding pole-mQunted
light fixtures in the Entrance Corridors
should not exceed 15 feet in height.
Fixtures that exceed 15 feet in height
will typically require additional
screening to achieve an appropriate
appearance from the Entrance Corridor.
6.) In determining the appropriateness of lighting fixtures for the Entrance Corridors, the
individual context ofthe site will be taken into consideration on a case by case basis.
Guidelines for the Use of Decorative Landscape Lif!htinf!
(Adopted by the ARB on October 12, 2000)
If other site lighting is visible from the Entrance Corridor, lighting used for decorative purposes
will generally not be approved. However, the ARB will review each proposal to determine
impact and appropriateness for the Entrance Corridor.
1.) Exterior light used for decorative effect shall:
a.) be compatible with the character of the Entrance Corridor. Compatibility of exterior
lighting and lighting fixtures is assessed in terms of design, use, size, scale, color, and
brightness.
b.) impact only the immediate site. The effect of the illumination should not be
discernible from distances along the Entrance Corridor.
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 12
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2.) Where used for decorative effect, outdoor light fixtures shall:
a.) be equipped with automatic timing devices and shall be extinguished between the
hours of 11 :00 p.m. and dawn.
b.) be shielded and focused to eliminate glare. Glare control shall be achieved primarily
through the use of such means as cutoff fixtures, shields and baffles, and appropriate
application of mounting height, wattage, aiming angle, fixture placement, etc.
c.) be cutoff luminaires, aimed so as not to project their output beyond the objects
intended to be illuminated; or non-cutoff luminaires, equipped with glare shields,
visors, barn doors, and/or other similar shielding accessories as required to meet the
following criteria: Light distribution from all lighting installations shall be cut-off at
all angles beyond those required to restrict direct illumination to within the perimeter
of the landscape feature being illuminated.
d.) never exceed 3,000 lumens. Further restrictions on lumens may be imposed by the
ARB.
e.) not be modified to reflect seasonal colors.
f.) be of a number that is compatible with the scale of the object and the development to
be illuminated, such that the light emitted will not over-illuminate or overpower the
site, as determined by the ARB.
Sieos
Laodscaoioe
See the ARB's revised sign guidelines,
adopted October 13, 2004.
I.) Landscaping along the frontage of
Entrance Corridor streets should include
the following:
a.) Large shade trees should be
planted parallel to the Entrance
Corridor Street. Such trees should
be at least 3~ inches caliper
(measured 6 inches above the
ground) and should be of a plant
species common to the area. Such
trees should be located at least
every 35 feet on center.
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 13
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b.) Flowering ornamental trees of a
species common to the area
should be interspersed among the
trees required by the preceding
paragraph.
c.) In situations where appropriate, a
three or four board fence or low
stone wall, typical of the area,
should align the frontage of the
Entrance Corridor street.
d.) An area of sufficient width to
accommodate the foregoing
plantings and fencing should be
reserved parallel to the Entrance
Corridor street, and exclusive of
road right-of-way and utility
easements.
Fencing along Route 743
North Fork Research Park, Route 29N
2.) Landscaping along interior roads:
a.) Trees should be planted parallel to
all interior roads. Such trees
should be at least 2Yz inches
caliper (measured six inches
above the ground) and should be
of a plant species common to the
area. Such trees should be located
at least every 40 feet on center.
3.) Landscaping along interior pedestrian
ways:
a.) Trees should be planted parallel to
all interior pedestrian ways. Such
trees should be at least 2 Yz inches
caliper (measured six inches
above the ground) and should be
of a species common to the area.
Such trees should be located at
least every 25 feet on center.
Albemarle County Court House
4.) Landscaping of parking areas:
a.) Trees should align the perimeter
of parking areas, located 40 feet
on center. Trees should be
planted in the interior of parking
areas at the rate of one tree for
every 10 parking spaces provided
and should be evenly distributed
throughout the interior of the
parking area.
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 14
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b.) Trees required by the preceding
paragraph should measure 2Y2
inches caliper (measured six
inches above the ground); should
be evenly spaced; and should be
of a species common to the area.
Such trees should be planted in
planters or medians sufficiently
large to maintain the health of the
tree and shall be protected by
curbing.
c.) Shrubs should be provided as
necessary to minimize the parking
area's impact on Entrance
Corridor streets. Shrubs should
measure 24 inches in height.
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Barracks Road Shopping Center
5.) Landscaping of buildings and other
structures:
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a.) Trees or other vegetation should
be planted along the front of long
buildings as necessary to soften
the appearance of exterior walls.
The spacing, size, and type of
such trees or vegetation should be
determined by the length, height,
and blankness of such walls.
b.) Shrubs should be used to integrate
the site, buildings, and other
structures; dumpsters, accessory
buildings and structures; "drive
thru" windows; service areas; and
signs. Shrubs should measure at
least 24 inches in height.
The Rotunda, University of Virginia
6.) Plant species:
a.) Plant species required should be
as approved by the Staff based
upon but not limited to the
Generic Landscape Plan
Recommended Species List and
Native Plants for Virginia
Landscapes (Appendix D).
Site development and layout:
Development pattern
The relationship of buildings and other
structures to the Entrance Corridor street and
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 15
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to other development within the corridor
should be as follows:
1.) An organized pattern of roads, service
lanes, bike paths, and pedestrian walks
should guide the layout of the site.
2.) In general, buildings fronting the Entrance
Corridor street should be parallel to the
street. Building groupings should be
arranged to parallel the Entrance Corridor
street.
3.) Provisions should be made for
connections to adjacent pedestrian and
vehicular circulation systems.
Liberty Station, Route 29N
(previously Amoco)
4.) Open spaces should be tied into
surrounding areas to provide continuity
within the Entrance Corridor.
5.) If significant natural features exist on the
site (including creek valleys, steep slopes,
significant trees or rock outcroppings), to
the extent practical, then such natural
features should be reflected in the site
layout. If the provisions of Section
32.5.6.n of the Albemarle County Zoning
Ordinance apply, then improvements
required by that section should be located
so as to maximize the use of existing
features in screening such improvements
from Entrance Corridor streets.
6.) The placement of structures on the site
should respect existing views and vistas
on and around the site.
Barracks Road Shopping Center, North Wing
Site Gradine:
1.) The site grading should respect the
existing topographic characteristics of the
site and blend with adjacent properties.
2.) Site grading should not change the basic
relationship of the site to surrounding
conditions.
3.) Steep cut or fill sections are generally
unacceptable.
4.) Cut and fill slopes should be rounded
(minimum ten foot radius) to meet
adjacent conditions.
5.) No grading, trenching, or tunneling
should occur within the drip line of any
trees or other existing features designated
for preservation in the final Certificate of
Appropriateness
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 16
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McDonald's, Route 20N
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Peter Jefferson.Place, Route 250E
6.) Areas designated for preservation in the
final Certificate of Appropriateness
should be clearly delineated and protected
on the site prior to any grading activity on
the site. This protection should remain in
place until completion of the development
ofthe site.
7.) Preservation areas should be protected
from storage or movement of heavy
equipment within this area.
8.) Natural drainage patterns (or to the extent
required, new drainage patterns) should
be incorporated into the finished site to
the extent possible.
Fuel Pumo Canopies
(Adopted by the ARB on August 25. 1998. revised October 13, 2004)
I.) Fuel pump canopies may be required to provide customers with protection from the elements
and to provide lighting levels required for dispensing fuel. Such fuel pump canopies are
functional elements of present-day gas/convenience stores and their character and appearance
shall reflect a minimalist design consistent with that function.
.
Liberty Station, Route 29N
(previously Amoco)
2.) Fuel pump canopies shall be the smallest
size possible to offer protection from the
elements. Canopies shall not exceed the
sizes identified in Standards for Fuel
Pump Canopies as outlined in Appendix
C.
3.) The size of the canopy fascia and canopy
support columns shall be in proportion to
the overall size of the canopy structure.
The fascia shall not exceed 36" in total
height, including any accent bands.
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 17
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4.) Canopy fascias shall not be illuminated.
5.) Lighting of fuel pump canopies shall be of the lowest level that will provide safe dispensing
of fuel. All canopy lighting shall be flush-mounted and shielded, downward directed, and
shall not emit light above the horizontal plane. All canopy lighting shall meet the .5 foot-
candle spillover requirement in compliance with zoning ordinance regulations.
6.) Canopy related elements, including fuel dispensers, support columns, spandrels, planters, etc.
shall be compatible with the character of the building and site and shall not be used for
advertising. .
7.) The architectural elements of a building should not be altered to reflect trademark canopy
design.
8.) Canopy fascias shall be limited to the use of one principal color, with ARB review.
9.) Colors, materials, forms, and detailing may be used to coordinate canopies with a site, its
building(s), and structures.
10.) Fuel pump canopy applicants should refer to ARB Standards for Fuel Pump Canopies.
(Appendix C)
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 18
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APPENDIX A
Entrance Corridor Overlay District
I
Entrance Corridor Overlay Districts are established: t
1.) To the full depth of all parcels ofland in existence on the adoption date of Secti n 30.6 of the
Albemarle County Zoning Ordinance which are contiguous to the rights-of-way fthe
following Entrance Corridor streets in Albemarle County; or
2.) To a depth of five hundred (500) feet from the rights-of-way, whichever shall bel greater,
along the following Entrance Corridor streets in Albemarle County: I
I
U.S. Route 250 East and West ~I
U.S. Route 29 North and South
Virginia Route 20 North and South
Virginia Route 631 south from Charlottesville City limits to Virginia Route 08
Virginia Route 631 from US Route 29 North to Route 743
Virginia Route 6
Virginia Route 151
Interstate Route 64
Virginia Route 22
Virginia Route 53
Virginia Route 231
Virginia Route 240
U.S. Route 29 Business
U.S. Route 29/250 Bypass
Virginia Route 654
Virginia Route 742
Virginia Route 649 from U.S. Route 29 North to Virginia Route 606
Virginia Route 743 from U.S. Route 29 North to Virginia Route 676
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Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 20
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APPENDIX B
The following list contains properties that serve as examples for architecture and site dl sign
proposed within the Entrance Corridor Overlay District. The list contains historic builc ings
as well as more recently constructed buildings. The buildings are located within Alben arle
County and the City of Charlottesville.
Albemarle County Court House
Albemarle First Bank (Route 29 North)
Liberty Station & Convenience Store (previously Amoco, intersection of Route 29 Nor h and
Airport Road)
Ash Lawn
Barracks Road Shopping Center (Barracks Road and Emmet Street intersection)
Crestar Building (High Street)
Forest Lakes Commercial Area (intersection of Route 29 North and Airport Road)
Ivy Commons (Ivy Road)
Legal Research Building (Route 250 West)
McDonald's (intersection of Route 250 East and Route 20 North)
Memorial Gym (University of Virginia)
Monticello
Moser Radiation Therapy Center (Route 250 West)
Peter Jefferson Place (Route 250 East)
Queen Charlotte (High-Street)
Rotunda and the Lawn (University of Virginia)
Shell Convenience Store Building (Route 250 East)
Wachovia Bank (Route 29 North)
The buildings as noted above are either historically significant or serve as examples of
architecture compatible with historically significant buildings in the Charlottesville and
Albemarle area and serve as examples of shapes, structures, materials, colors, textures, ite
development, and the integration of site and structure which are encouraged by these
guidelines.
It should be recognized, however, that replication ofthese examples will not necessarily
result in the issuance of a Certificate of Appropriateness by the Architectural Review B( ard
because each building site and its context is unique.
Albemarle County Architectural Review Board Design Guidelines - Revised Octob r 2004 - page 21
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.... ~'::'"
Architectural Example$
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2
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4
S
6
1
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9
to
11
12
13
14
15
Albanarle Cowuy Court H...'..
llbtl1~' eon....ieMe $lme
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BaITllCU Road SIlopp"'g Cen'er
Cr_t lIuilding
fORll Uk.,. eo.-.:i.l Center
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M_riol GYIIl
MOftticollo HOlCI
Monti<ellu
Mo<cr kAld;'llion Thttapy Center
Ql-.. ClIarlolt.
Rotund&....J Ihc La_
Shell C",,~ SlOt<
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 22
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APPENDIX C
Standards for Fuel Pump Canopies
(Adopted by the ARB on August 13, 1998)
LENGTH
Maximum length for a single island canopy = 26'
(= 4' comfort zone front + 18' auto length + 4' comfort zone back)
1=11""
I- .;
26'.0'
Maximum length for a double island canopy = 42'
(= 2' comfort zone front + 18' auto length + 2' comfort zone middle + 18' auto length + 2' comfort
zone back)
~ }"
I.
42' .)"
.-!
Maximum length for a triple island canopy = 66'
(= 3' comfort zone front + 18' auto length + 3' comfort zone middle + 18' auto length + 3' comfort
zone back + 18' auto length + 3' comfort zone back)
)(3 . t........~ - ~la~
! .. 66'1)' -/
WIDTH
Maximum width for single island canopies = 26'. (= 3' (open door overhang) + 6' (car width) +
2' (curb clearance) + 4' (island width) + 2' (curb clearance) + 6' (car width) + 3' (open door
overhang))
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 23
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HEIGHT (from ground to bottom of fascia)
Maximum acceptable height is 14' 6".
FASCIA HEIGHT
Maximum fascia height is 36".
14'6"
[! I ,I
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FUEL DISPENSER SIZE
A typical size is 7' 9".high(approximately half the minimum canopy height), 4'6" wide, 32"
deep.
ISLAND SIZE
A typical size is 12-14'Jong, 4' wide, 9" tall.
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 24
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APPENDIX D
Generic Landscape Plan
Recommended Species List
Large Shade Trees (50'-70')
Botanical Name
Acer rubrum
Acer saccharum
Aesculus carnea
Aesculus hippocastanum
Celtis occidental is
Fraxinus americana
Gingko biloba
Liquidambar styraciflua
Liriodendron tulipifera
Nyssa sylvatica
Platanus acerifolia
Platanus occidental is
Quercus acutissima
Quercus alba
Quercus imbricaria
Quercus palustris
Quercus phellos
Quercus robur
Quercus rubra
Tilia americana
Tilia cordata
Tilia tomentosa
Ulmus hollandica
Ulmus parvifolia
Zelkova serrata
Medium Shade Trees (40'-50')
Botanical Name
Carpinus betulus
Cercidiphyllum japonicum
Gymnocladus dioicus
Halesia monticola
Sassafras albidium
Sophora japonica
I I
Common Name
Red Maple
Sugar Maple
Red Horsechestnut
Common Horsechestnut
Hackberry
White Ash
Gingko (male species)
Sweetgum
Tuliptree
Blackgum
London Planetree
American Sycamore
Sawtooth Oak
White Oak
Shingle Oak
Pin Oak
Willow Oak
English Oak
Northern Red Oak
American Linden
LittleleafLinden
Silver Linden
Groenveldt Elm
Chinese Elm, Lacebark Elm
Japanese Zelkova
Common Name
European Hornbeam
Katsuratree
Kentucky Coffeetree
Mountain Silverbell
Sassafras
Japanese Pagodatree
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 25
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Ornamental Trees (20'-40')
Botanical Name
Amelanchier canadensis
Carpinus caroliniana
Cercis canadensis
Cornus florida
Crataegus crus-galli
Crataegus laevigata
Crataegus phaenopyrum
Koelreuteria paniculata
Malus spp.
Ostrya virginiana
Oxydendrum arboreum
Prunus spp.
Pyrus calleryana
Syringa amurensis
Small Ornamental Trees (10'-20')
Botanical Name
Styrax japonica
Viburnum prunifolium
Screening Trees (20"-60')
Botanical Name
Cedrus atlantica "Glauca"
Cedrus deodara
Chamaecyparis lawsoniana
X Cupressocyparis leylandii
Hex x attenuata "Fosteri"
Hex x "Nellie R. Stevens"
Hex opaca
Juniperus virginiana
Magnolia grandiflora
Pinus strobus
Taxus baccata
Taxus cuspidata
Thuja occidentalis 'Nigra'
Tsuga caroliniana
Common Name
Shadblow Serviceberry
American Hornbeam
Eastern Redbud
Flowering Dogwood
Cockspur Thorn
Paul's Scarlet English Hawthorn
Washington Hawthorn
Golden Raintree
Crabapple
American Hophornbeam
Sourwood
Cherry
Pear
Japanese Tree Lilac
Common Name
Japanese Snowbell
Blackhaw Viburnum
Common Name
Blue Atlas Cedar
Deodar Cedar
Lawson Falsecypress
Leyland Cypress
Foster Holly
Nellie Stevens Holly
American Holly
Eastern Red Cedar
Southern Magnolia
Eastern White Pine
English Yew
Upright Japanese Yew
Dark American Arborvitae
Carolina Hemlock
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 26
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Screening Shrubs (4'-15')
Botanical Name
Abelia grandiflora
Buxus sempervirens
Hex cornuta "Burfordii"
Hex com uta "Burfordii nana"
Hex crenata
Hex glabra "Compacta"
Juniperus spp
Ligustrum japonicum
Myrica cerifera
Osmanthus x fortunei
Photinia fraseri
Prunus laurocerasus "Schipkaensis"
Viburnum rhytidophyllum
Street Shrubs
Botanical Name
Abelia "Edward Goucher"
Abelia grandiflora
Deutzia gracilis
Forsythia spp.
Jasminum nudiflorum
Leucothoe axillaris
Nandina domestica
Pyracantha coccinea
Rhododendron spp.
Spiraea spp.
Taxus spp.
Viburnum spp.
I I
Common Name
Glossy Abelia
Common American Boxwood
Burford Holly
Dwarf Burford Holly
Japanese Holly
Compact Inkberry
Juniper varieties
Japanese Privet
Waxmyrtle
Fortune's Osmanthus
Redtip Photinia
Schip Laurel
Leatherleaf Viburnum
Common Name
Pink Abelia
Glossy Abelia
Slender Deutzia
Forsythia varieties
Winter Jasmine
Coast Leucothoe
Heavenly Bamboo
Scarlet Firethorn
Rhododendron and Azaela varieties
Spirea varieties
Yew varieties
Viburnum varieties
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 27
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Native Plants for Virginia Landscapes
Trees
Small/ medium deciduous
Botanical Name
Amelanchier canadensis
Carpinus caroliniana
Cercis canadensis
Chioanthus virginicus
Cornus florida
Crataegus spp.
Hex decidua
Magnolia tripetala
Magnolia virginiana
Ostrya virginiana
Oxydendrum arboreum
Prunus spp.
Salix caprea
Large deciduous
Botanical Name
Acer rubrum
Betula nigra
Carya spp.
Celtis laevigata
Cladrastis kentuckea (lutea)
Diospyros virginiana
Fagus grandifolia
Liquidambar styraciflua
Liriodendron tulipifera
Magnolia spp.
Nyssa sylvatica
Platanus occidentalis
Quercus spp.
Common Name
Shadblow Serviceberry
American Hornbeam
Eastern Redbud
White Fringetree
Flowering Dogwood
Washington Hawthorn
Green Hawthorn
Possumhaw
Umbrella Magnolia
Sweetbay Magnolia
American Hophornbeam
Sourwood
Carolina Cherry laurel
Beach Cherry
Wild Red Cherry
Goat Willow
Common Name
Red Maple
River Birch
Shagbark Hickory
Pignut Hickory
Sugar Hackberry
American Y ellowwood
Persimmon
American Beech
Sweetgum
Tuliptree
Cucumbertree Magnolia
Blackgum
American Sycamore
White Oak
Swamp White Oak
Southern Red Oak
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 28
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Robinia pseudoacacia
Sassafras albidum
Taxodium distichum
Tilia americana
Evergreen Trees
Botanical Name
Hex opaca
Hex vomitoria
Juniperus virginiana
Magnolia grandiflora
Pinus spp.
Quercus virginiana
Tsuga caroliniana
Shrubs
Deciduous
Botanical Name
Callicarpa japonica
Calycanthus floridus
Clethra alnifolia
Cornus racemosa
Cornus sericea
Fothergilla major
Hamamelis virginiana
Hex decidua
Lindera benzoin
Rhododendron spp.
Rhus spp.
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Shingle Oak
Chinkapin Oak
Water Oak
Scarlet Oak
Chestunt Oak
Post Oak
Pin Oak
Willow Oak
Black Locust
Sassafras
Bald Cypress
American Linden
Common Name
American Holly
Yaupon Holly
Eastern Red Cedar
Southern Magnolia
Virginia Pine
Loblolly Pine
Shortleaf Pine
Live Oak
Carolina Hemlock
Common Name
American Beautybush
Carolina Allspice
Summersweet Clethra
Gray Dogwood
Redtwig Dogwood
Large F othergilla
Common Witchhazel
Possumhaw
Spicebush
Deciduous Azaleas
Sumac varieties
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 29
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Sambucus canadensis
Vaccinium spp.
Viburnum spp.
Evergreen Shrubs
Botanical Name
Hex glabra
Myrica cerifera
Kalmia latifolia
Vines
Botanical Name
Clematis virginiana
Parthenocissus quinquefolia
Campsis radicans
Gelsemium sempervirens
Lonicera sempervirens
Groundcovers
Botanical Name
Gaultheria procumbens
Mitchella repens
Polystichum acrostichoides
Elderberry
Highbush Blueberry
MapleleafViburnum
Arrowwood
Common Name
Inkberry
Southern Waxmyrtle
Mountain Laurel
Common Name
Virginsbower
Virginia Creeper
Trumpet Creeper
Carolina Yellow Jessamine
Trumpet Honeysuckle
Common Name
Creeping Wintergreen
Partridge berry
Christmas Fern
Albemarle County Architectural Review Board Design Guidelines - Revised October 2004 - page 30
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Note: The following language is added to the Neighborhood Four Profile, page 59, Land Use
Plan, in the Comprehensive Plan. (Amended September 8, 2004, CPA -03-02)
Neighborhood Four Profile, page 59, Land Use Plan:
The area located south of the Willoughby residential development and north of Interstate 64
between Fifth Street Extended and Avon Street Extended, accessed via Bent Creek Road, is
designated for Community Service/Mixed Use development. It is intended to fulfill a "town
center" role by providing a commercial and employment focal point within Neighborhoods 4
and 5. Neighborhood Model principles recognize that this area, on a macro-level, is located
in the center of existing residential neighborhoods as well as planned future residential
development areas. Neighborhoods 4 and 5 comprise many of the characteristics of the
Neighborhood Model, with the exception that this area currently does not have a "commercial
center". When developed, it should provide primarily retail and employment opportunities
without precluding a range of uses that may include but is not limited to commercial,
professional office/industrial/light industrial, residential, live/work, open space and parkland,
public amenities and spaces appropriate for such a commercial center. Compatibility with the
scale and character of adjacent and nearby City and County neighborhoods should be
maintained. Because of its location between three entrance corridors, at the confluence of
Biscuit Run and Moore's Creek, this site is of high aesthetic and environmental sensitivity and
importance.
Environmental Protection
.
A. Several acres of elevated land located at the western edge of Tax Map 76M1, Parcel2B,
fronting the former Grand Piano and the former University Corporate Research Park
access roads and extending north and south from the Bent Creek bridge along these
roads contain woodland features considered to be natural features with significance to
both the site and area. Existing vegetation, especially exemplary specimen or old growth
trees, should be preserved on this tract to the extent feasible. Rock formations sloping
down to the existing roads should be preserved to the extent feasible. The natural
features described in this paragraph should be preserved as a visual buffer from Fifth
Street Extended and be emphasized in site design.
B. Bluffs and riparian forest along the existing Grand Piano access road/Moore's Creek
corridor should be protected to minimize adverse impacts to the creek from major grading
activity. Low-intensity design should be used to help accomplish this protection.
C. To the greatest extent possible, streams and stream buffers should be retained and
enhanced in conjunction with the development of the property. Emphasis should be
placed on natural stream channel improvements, such as landscape stabilization and
bioengineering enhancements, to the degraded portions of the existing Moore's Creek:
tributary. Where streams are to be disturbed, site development must assure that
downstream properties and habitat are protected through implementation of measures for
water quality and quantity. If crossing and/or filling of the small tributary to the east of the
existing warehouse is essential to development of the parcel, innovative water protection
management measures should be incorporated int.o the development.
D. A greenway along Biscuit Run and Moore's Creek as recommended in the
Comprehensive Plan Greenway Plan should be established. Greenway trails should be
constructed and dedicated at the time of site development.
.
E. The existing vegetated buffer adjacent to the 1-64 corridor should be preserved and
enhanced where feasible. In addition to its screening function, this green buffer is an
important aesthetic and natural resource that contributes to the appearance of the
corridor.
Attachment VI
t6
F. The floodplain area northeast of the confluence of Biscuit Run and Moore's Creek should
become public open space for a natural area or multi-purpose field or other low-impact
outdoor use.
G. Development of the property should incorporate principles of low impact development
and sustainable design to support and enhance water protection efforts. Impervious area
should be minimized through a site concept that emphasizes complementary uses,
shared parking, and protection of critical resources. In particular, green roof technology
should be considered as an appropriate and effective technology for managing
stormwater on this site.
Transportation
H. The City of Charlottesville, County of Albemarle, Virginia Department of Transportation,
affected property owners, and interested stakeholders should work together to develop
an integrated transportation system to serve the site. As a part of the integrated system,
traffic signal timing and coordination should be improved and alternative transportation
solutions such as Transportation Demand Management may be necessary. Phasing of
development should take place so that transportation improvements are concurrent with
transportation needs generated by the development.
I. The integrated transportation system should include the necessary improvements,
including roadway improvements, pedestrian and bicycle facilities and site design, to
accommodate mass transportation in an area encompassing the following streets and
intersections: (a) Fifth Street Extended and the Bent Creek Road (linked by a connector
road); (b) Avon Street Extended and the connector road; (c) intersections with the
connector road within the subject property; and (d) the connector road.
J. Concurrent with development of the site, a connection from Fifth Street Extended to Avon
Street Extended via the Bent Creek Bridge should be constructed (the Alternative '0'
recommended by the Southern Cities report). This connection may incorporate one or
more new roads as well as the existing bridge and former Grand Piano warehouse
access road. This connector road should not be regarded as a replacement or substitute
for the Southern Connector and, as such, should be viewed as one element of the
City/CountyNDOT regional transportation network. The road should be designed for
speeds of 35 miles per hour and provide improved inter-neighborhood access within the
Southern Urban Development Areas.
K. The former warehouse access road should become a parkway along Moore's Creek, but
should not be designed as a major thoroughfare. The road need not be improved with
curbing, but should, to the extent feasible, be confined mainly to the existing travelway
and disturbed area. To avoid additional disturbance to this stream buffer, sidewalks
should not be required on this road. The greenway along Moore's Creek is
recommended as a pedestrian alternative.
L. One of the new roads on the site should be designed as a main commercial street
traversing the town center into this portion of the site. The road should have curbing,
sidewalks, street trees, and other Neighborhood Model elements. To accommodate
service traffic primarily, a second new road segment should be considered at the
southern portion of the site.
M. The intersection of existing and new roads with the Bent Creek Bridge should be
designed to avoid or minimize disturbance to the one hundred year flood plain, stream
buffer, and the preserved area located above and to the east of it.
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N. Where considered important to the Willoughby residents, construction of a pedestrian
bridge should be considered between the south side of Moore's Creek and the
Willoughby residential property.
Land Use
O. Development within this area should achieve moderate to high levels of density inasmuch
as (a) the existing and planned transportation network, utility, and other public
infrastructure as the capacity to support such development and (b) there is no remaining
undeveloped land of significant area within Neighborhoods 4 and 5 that can meet the
Comprehensive Plan's Regional Service development criteria. The continuation of
employment opportunities is significant and valuable in this location, particularly in the
eastern portion of the site but also throughout the town center area. The existing Light
Industrial use opportunities available under the current zoning may be used to support
and encourage development of flex space and/or other employment-oriented uses along
Avon Street Extended.
P. Development on the site may balance retail with employment-based uses and other land
uses.
Q. Residential, live/work and/or small professional office uses are recommended along the
bluff at the northern edge of the town center area. These uses should be sited to
minimize disturbance to the natural features described under Environmental Protection
(above). It may be appropriate for such uses to occur as infill opportunities, after the
commercial and retail uses have been established.
.
R. The western commercial area is intended to be a compact, high density area which mixes
retail businesses, services, public facilities and civic spaces. Large footprint retail of a
regional nature may be appropriate in the western portion of the area. Specifically, the
buildings should be oriented to major roads; designed, sized and massed with
consideration for adjacent and nearby smaller uses in the Center and on the larger site;
. and parking should be relegated to the greatest extent possible.
S. The architecture, urban design and landscape treatment of the property should be
carefully integrated to ensure that the visual interest, massing, scale and organization of
the development contributes to the role of the site as a town center and commercial focal
point for the Southern Urban Area. The town center area should provide a functional,
attractive and distinct destination for shoppers, visitors, employees, and residents of the
larger neighborhood with particular emphasis on pedestrian convenience. Architectural
and landscape design guidelines should be prepared to address:
a. The integration of building facades and rooflines;
b. Architectural massing and form of individual buildings;
c. Architectural materials and color;
d. Design of parking areas;
e. Design/landscape treatment of streets and interior travelways, pedestrian, bicycle
and vehicular, including traffic calming;
f. Buffers and screening in areas impacted by critical sight lines;
g. Enhancements to preservation areas and open spaces and improvements to
planned public civic and greenway areas;
h. Street lighting, signage and hardscape features;
i. Recreational and civic improvements.
.
In acknowledgment of the size of the developable area, as well as environmental and
aesthetic considerations, a mid-sized big box model is recommended for this site.
Development of "super-sized" big boxes is not appropriate due to the site's relatively high
4,1
exposure to three Entrance Corridors, immersed location within older neighborhoods with
established character and scale, and the desire to mix and balance uses on the site and
create a bona fide town center. As a base guideline for maximum building footprints
(excluding garden centers, outside sales and display, awnings, storage areas and
grocery stores), the largest single big box footprint should not exceed 150,000 square
feet. For the purpose of this definition, a grocery store is not considered to be a big box.
Buildings of increased footprint may be considered, subject to demonstration by the
applicant that the environmental impact of such increased footprint can be offset by (a)
design that is sensitive to architectural massing and quality, (b) building that
complements the setting of the larger project, (c) parking and traffic accommodation that
complements building form, pedestrian access, and building siting, (d) environmental
design that enhances existing natural condition~ within areas to be conserved, and (e) a
commitment to a project phasing plan that ensures that a mix of retail uses of varying
size and scale will be developed concomitantly with the expanded big box use.
T. Maximum total square footage of big-box structures defined as those having a greater
than 75,000 square foot footprint (excluding garden centers, outside sales and display,
awnings, storage areas, and grocery stores) is 300,000 square feet. For the purpose of
this definition, a grocery store is not considered to be a big box. If the big-box structures
are developed in a two-story or greater configuration, this limitation may be adjusted
upward.
U. Preference will be given to rezoning proposals that maximize the range and mixture of
uses, along with a phasing plan that assures a mixture of uses and addresses all parts of
the site during the development of the project.
Public Space and Public Facilities/Amenities
V. Provision should be made on the site for transit service and a park and ride facility.
W. At least ten percent of the gross site acreage should be devoted to amenities and 15
percent should be preserved or created as green space. Public amenities can be paved
areas, such as plazas, courtyards or patios, landscaped areas such as parks or water
features and/or natural areas left largely in their undisturbed state. Preserved areas
should count toward both amenity and green space percentages.
'{r./,
.
5th Strut! Avo!/\. Ctll\.tty Z,MA
Development Framework
ZMA 2006-09
5th Street/Avon Center
Th Applicant submits this development framework for the North and South Sectors in s pport of
ap lication requirements for the Sth Street/Avon Center ZMA 2006-09 pursuant to Albemarl County
Co e Section 8.S.1.d. (11). For supplemental reference graphic, see Appl ication Plan, APP-l.0
pr pared by The Cox Company and dated November 29, 2007.
North Sector
Building Zones C:
East/West Interior Street: Mixed Commercial Liner Buildings/North Side
Planned Uses: Retail establ ishments, office or restaurant.
Minimum individual liner building size/establishment: 1000 sfgfa
Maximum individual liner building size/establishment: 15,000 sfgfa.
Maximum building height: 60 feet.
Building Zones E and F:
North/South Interior Street: Mixed Commercial Liner Buildings
Planned Uses: Retail, office, service, restaurants, public, civic.
Minimum individual liner store size/establishment: not limited.
Maximum individual liner store footprint/establishment: 20,000 sfgfa
Maximum individual liner store size (multi-story): 40,000 sfgfa.
Maximum # of individual liner stores or establishments: not limited.
Maximum building height: 60 feet.
. Attachment
TIle >)(. CoJl\4.PQlI\.l::l
DtVtLapJl\4.tll\.t FI'QJI\4.tWDI'R.:
.
.
5th Strut! AVoV\. ceV\.tey Z,MA
Conditions of Development for Building Zones E and F:
1. Building facades will be oriented within a streetscape and urban design form to the
North/South Street and shall be subject to ARB review and approval.
2. Building facades and rooflines will be integrated with the North/South streetscape axis.
3. ARB to review architectural and landscape design guidelines addressing mass, form,
materials, and color of individual buildings.
4. Loading zones and visible parking areas impacted by critical sight lines as determined
by ARB review shall be buffered and landscaped.
5. Consistent signage, street lighting and other hardscape features shall be integrated
into streetscape design along the internal North/South Street.
Building Zone G:
North Sector Mixed Commercial Stores
Planned Uses: Retail, office, entertainment, or restaurants
Minimum individual liner building size/establishment: not limited.
Maximum individual store footprint: 75,000 sfgfa, per Comp Plan Amendment approval.
Maximum building height: 60 feet.
(North Sector liner buildings are further defined as those that generally have a building depth
of between 50 and 100 feet and are designed with a front facade oriented directly to the
nearest adjacent street with no off-street parking lots located between the front facade and the
interior east/west and north/south streets. Parallel and angled parking permitted on the
fronting streets.)
Parking and Parking Structures/North Sector:
Underground parking/structured parking within north sector recognized as appropriate,
subject to subsequent parking impact study and special use permit approval.
Maximum North Sector Floor Area :
200,000 sfgfa.
Tht 'X. Co~~QI'\.I1
DtveLo'P~eli\.t F"'CI~ewo...~: PClge:2.
.
.
I
,
5th sbutl Avoll\, Ctll\,tty Z"MA
South Sector
Building Zone A:
Anchor Retail Commercial
Anchor retail stores represent "destin,1tion" (or "big box") retail establishments that generally
exceed a footprint size of 75,000 sfgfa.
Maximum number of individual anchor retail stores permitted in Zone A: 2 stores.
Maximum individual anchor store size: 150,000 sfgfa.
Maximum anchor store height: 60 feet.
Structured parking and Underground parking under retail buildings recognized as
appropriate, subject to special permit approval for individual parking structures.
Mixed Commercial: Retail/Office/Restaurants
Maximum number of individual liner retail stores (establishments): not limited.
Minimum individual store (establishment) size: not limited.
Maximum individual store (establishment) footprint: 25,000 sfgfa.
Maximum individual store (establishment) size: 50,000 sfgfa.
Maximum mixed commercial store (establishment) height: 60 feet.
Zone A Parking Structure
Subject to special use permit approval with ZMA.
Maximum parking structure levels: 5.
Maximum parking structure height: 60 feet.
l11t Cox CoI'\ot:pAII\.l::l
t:>eVtLo-pmeli\.t FY&lmtwoy~: "ge 3
.
.
5th strtttl AVolI\, Ct&l\.tty Z,MA
Building Zones B/D:
East West Street Liner Stores/South Side
Planned Uses: Retail establishments, offices or restaurants
Minimum individual liner store (establishment) size: 1000 sfgfa
Maximum # of liner stores (establishments) permitted: not limited.
Maximum individual liner store (establishment) size: 15,000 sfgfa.
Maximum building height: 60 feet.
(Zone B/o liner buildings are further defined as those that generally have a building epth of
between 50 and 100 feet and are designed with a front facade oriented directly to th nearest
adjacent street with no off-street parking lots located between the front facade and th interior
east/west street. Parallel and angled parking permitted on the fronting streets.)
Maximum South Sector Floor Area:
350,000 sfgfa.
Maximum Floor Area. North + South Sectors:
The Total North and South Sector Retai I Project Area shall not exceed 414,500 sfgfa.
Maximum Floor Area. Total Project:
The maximum floor area for all uses in ZMA 2006-09 shall not exceed 468,623 s fa,
provided that the Applicant may be approved by administrative action of the Count for
additional floor area within the North and South Retail Sector subject to a preliminary Ian
amendment, traffic impact analysis and revised parking impact analysis satisfactory to the
County.
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PROFFER FORM
Date: December 3. 2007
ZMA # 2006-09
Tax Map and Parcel Number(s): 76-Ml-2A; 76-Ml-2B; 76-Ml-4A; and 77-M1-11E
81.94 Acres to be rezoned from LI and Rural Area to PD-SC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owners, or their
duly authorized agent, hereby voluntarily proffer the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of the
requested rezoning and it is acknowledged that the conditions are reasonable.
1. Road Improvements. The Owner shall cause completion of the following road
improvements:
A. Bent Creek Road and 5th Street Intersection. Pursuant to road plans
approved by the Virginia Department of Transportation ("VDOT"), the City of
Charlottesville, and the County of Albemarle (the "County"), the Owner shall construct
signal and lane improvements for the westbound lanes of Bent Creek Road and the
southbound lanes of 5th Street at the Bent Creek Road and 5th Street intersection as a
condition of approval of the initial site plan for the Project. If required by the City of
Charlottesville, such improvements shall include: (i) dual left turn lanes southbound on
5th Street; (ii) dual right turn lanes northbound on 5th Street; and (iii) an extended single
left turn lane northbound on 5th Street. An example of the improvements that the City
may require of the Owner is attached as Schedule 1.
B. Bent Creek Road Bridge. Pursuant to road and bridge plans approved by
VDOT, the Owner shall widen, or replace the existing bridge spanning Moore's Creek
supporting Bent Creek Road as a condition of approval of the initial site plan for the
Project. The bridge expansion shall be sufficient to accommodate at least two (2)
through lanes for Bent Creek Road.
C. Bent Creek Parkway. The Owner shall cause to be constructed and
dedicated a two lane (with right-of-way sufficient for future expansion to four lanes)
limited access road from the bridge at Bent Creek Road through to Avon Street ("Bent
Creek Parkway," also referred to herein as the "Parkway") in the general location shown
on the Application Plan entitled "5th Street -Avon Center, ZMA Application Plan,
Conceptual Master Plan", (Sheets 1- ~, prepared by The Cox Company, last revised
November , 2007(the "Application Plan"). If approved by VDOT, the Parkway may be a
'rural section' in design, without curb and gutter. The Parkway 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
Attachment C
the roadway is safe and convenient for traffic (hereinafter, "completed") as a condition of
the issuance of a certificate of occupancy for the first building within the Project. At the
County's option, that portion of the Parkway that transects the former City of
Charlottesville Landfill (the "Landfill Segment") shall be maintained as a private road by
the Owner until the conditions of this proffer I.D. have been met to the reasonable
satisfaction of the County. The precise length of the Landfill Segment shall be
determined by the parameters submitted as part of the Landfill Work Plan described in
proffer 8 below. The Owner may request that the County accept for dedication the
completed Landfill Segment: i) (a) upon Virginia Department of Environmental Quality
("DEQ") determination that the work described in the Landfill Work Plan (or at least that
portion as relates to the construction of the Landfill Segment) has been completed, or, (b)
in the alternative, the County or a qualified environmental consultant approved by the
County makes the determination that the work described in the Landfill Work Plan (or at
least that portion as relates to the construction of the Landfill Segment) has been
completed, ii) there are no hazardous materials within the Landfill Segment exposed at or
about the Parkway, and iii) (a) VDOT has indicated that it will accept the Landfill
Segment for state maintenance without indemnity from the County, or (b) if indemnity is
required by VDOT for such state maintenance, the Owner supplies to the County a surety
or bond that is satisfactory to the County to address reasonably foreseeable environmental
remediation costs to the County resulting from the Landfill. The County's acceptance
of this proffer shall not confer any approval of special use permits for any construction of
the Parkway or other improvements within the floodplain, if necessary; the approval of
such permits shall be reserved by the Board of Supervisors.
D. Avon Street Improvements. The Owner shall dedicate public
right-of-way, if necessary, and construct a right turn lane on Avon Street southbound
from the northern boundary of the Property to the intersection of Avon Street and the
Parkway. If warranted, the Owner shall construct a left turn lane and signal
improvements at the intersection of Avon Street and the Bent Creek Parkway. If the
public right-of-way is not dedicated by subdivision plat, the Owner shall be responsible
for the cost of a survey and preparing the deed to convey the public right-of-way to the
County. Unless sooner required by VDOT as a condition of site plan approval, the Avon
Street Improvements 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 roadway is safe and convenient for traffic
as a condition of issuance of the first certificate of occupancy within the Project.
E. Transportation Proffers Compliance.
1. The road improvements listed in IB, IC, and ID above shall be
constructed in accordance with road plans submitted by the Owner and approved by
VDOT. All of the foregoing improvements listed in IB, IC, and ID shall be (i)
constructed to VDOT design standards pursuant to detailed plans agreed to between the
Applicant and VDOT, and (ii) except as provided in proffer I.C., be offered to be
accepted by VDOT for public use or bonded for VDOT's acceptance. The width, (except
as specified in IC above) length, location, (inside median or outside existing pavement),
2
.
.
.
.
, I
type of section (e.g., urban vs. rural), and geometrics of all lane improvements shall be as
required by VDOT design standards and detailed plans submitted by the Owner and
approved by VDOT.
2. Any signal improvements proffered herein shall be coordinated among
the City of Charlottesville and VDOT to address signal timing.
3. The Owner shall submit to the City of Charlottesville engineering
drawings, plans, and construction documents ("City Transportation Plans") for all road,
signal and other transportation improvements contemplated in these Proffers or shown on
the Application Plan that are located within the limits of the City of Charlottesville. The
City Transportation Plans shall be submitted within sixty (60) days after the first site plan
for the Property is submitted to the County. The Owner shall diligently pursue approval
of the City Transportation Plans with the City. If the City does not approve all the City
Transportation Plans within six (6) months after the first final site plan for the Property is
approved by the County, the Owner shall not be required by these Proffers to construct
any improvements for which approvals have not been obtained. The Owner also shall not
be required by these Proffers to acquire right-of-way or otherwise pay for right-of-way in
the City for such improvements.
F. Transit Stop; Park and Ride Lot. The Owner shall provide a paved parking
area on the Property consisting of no less than twelve (12) spaces either: i) within the area
labeled "Future Development" (as shown on Sheet 10 of the Application Plan) or ii) in
conjunction with the construction of a parking area for another use, (e.g. a grocery store),
for temporary use by commuters accessing transit, trails or carpools (the "Park and Ride
Lot"). The Park and Ride shall include a transit stop. Construction of the Park and Ride
Lot shall occur in conjunction with the construction and dedication of the adjacent Bent
Creek Parkway section or, if the Park and Ride Lot is constructed within a parking area
for another use (e.g., a grocery store), then the Park and Ride Lot shall be constructed in
conjunction with such use. The transit stop and Park and Ride Lot shall be designed and
constructed in coordination with Charlottesville Transit Service and shall incorporate
standards for pedestrian access and signage consistent with other similar CTS facilities.
2. Greenway Dedication. The Owner shall dedicate in fee simple to the County,
or at the County's option, an easement to the County, and construct a link to the section
of trail through the Property in the location shown on the Application Plan. The
Greenway shall be dedicated and the section of trail shall be installed within six (6)
months after the issuance of the first certificate of occupancy within the Project. This
section of trail shall be constructed to meet the Class A trail definition as contained in the
County's Greenway Plan. The existing, dilapidated bridge over Moore's Creek shall be
restored or replaced (for pedestrian or bicycle use only) as part of the trail section at the
time of the completion of the trail, and to sufficient design to support a Class A trail. In
the event that sufficient right-of-way exists or can be obtained by others, the Owner shall
construct within nine (9) months after the availability of such right-of-way, an extension
of the link for the County Greenway System beyond the Property line to Interstate 64,
along Biscuit Run, in the area shown on the Application Plan. If the Greenway is not
3
dedicated by subdivision plat, the Owner shall be responsible for the cost of a survey and
preparing the deed to convey the Greenway to the County.
3. Greenway Park and Pedestrian Trails Master Plan. Within the area depicted on
the Application Plan as Park/Open Space, the Owner shall dedicate in fee simple to the
County, or at the County's option, an easement to the County, a Greenway Park, to
include the stream valley areas along Moore's Creek, for use by the public for hiking,
bicycling, picnicking and other passive recreational use. At least five (5) parking spaces
in the adjacent parking lot on the Application Plan shall be reserved for a trail head use.
The Owner shall submit a master plan for, and construct a Greenway Park and
Pedestrian Trail system as a condition of approval for the first site plan for the Project.
Subject to County approval as part of the first site plan for the Project, the Greenway
Park and Pedestrian Trails master plan shall incorporate the following elements:
1. Greenway Park and Trailhead Park routing plan, including trail standards;
11. 5th Street! Avon Connector Road preliminary engineering plan;
111. Preliminary landscape plan for impact area;
IV. Critical slope impact evaluation and option assessment; and
v. Tree survey within the Stream Buffer area;
The Greenway Park and Pedestrian Trails master plan shall be coordinated with the
Director of Community Development and the County Department of Parks and
Recreation. The Greenway Park and Pedestrian Trails master plan shall be submitted
with the first final site plan for the Property and shall identify, design and incorporate the
items cited in i-xii above. This Proffer 3 shall be satisfied upon (a) approval of all
relevant elements of the Greenway Park and Pedestrian Trails master plan by the
requisite federal, state, and local approval agencies; (b) posting of a bond satisfactory to
the County for construction of any improvements as depicted on the approved Greenway
Park and Pedestrian Trails master plan; and ( c) the County's acceptance of the deed of
dedication of the fee simple (or easement) interest. This Proffer 3 shall be satisfied prior
to or at the time ofthe County's approval ofthe first final site plan for the Project. If the
Greenway Park is not dedicated by subdivision plat, the Owner shall be responsible for
the cost of a survey and preparing the deed to convey the Greenway Park to the County.
4. Pedestrian Link to Willoughby Subdivision. In the event that sufficient right-
of-way exists or can be obtained by others, the Owner shall construct within nine (9)
months after the availability of such right-of-way, a pedestrian path or trail connecting
the Project to the Willoughby Subdivision (the "Willoughby Link"). The Willoughby
Link shall include a pedestrian bridge over Moore's Creek, and reasonable access to at
least one neighborhood street within Willoughby. If sufficient right-of-way is not
obtained, or access to at least one street is not approved by the Willoughby neighborhood
within five (5) years of the issuance of the first occupancy permit within the Project, then
Owner shall contribute the sum of $25,000.00 to the Rivanna Trails organization for trails
maintenance and benefit and the Owner shall be relieved of all obligation to construct a
Willoughby Link.
4
.
.
.
5. Tree Conservation Areas. Within the areas depicted on the Applicatio Plan
as Conservation Areas, no land disturbing activities shall occur except in accordan e with
Best Management Practices, as defined by the Virginia Department of Fo estry.
Management of Conservation Areas on the Property for any other purpose not inv lving
land disturbing activities, including wildlife habitat improvement, shall be in accor with
a forest stewardship plan approved by the County's Director of Planning. Best
Management Practices, as defined by the Virginia Department of Forestry, shall bused
to control erosion and protect water quality during any forest activity. The p imary
objectives of the forest stewardship plan shall be to (a) maintain the health f the
Conservation Areas, (b) maintain a scenic, urban forest and (c) conserve soil and w ter.
In addition to providing a forest stewardship plan, the Owner shall replac trees
that must be removed in the areas denoted as "Conservation Areas" on the Appli ation
Plan that lie within the Greenway Park. Replacement shall be two (2) trees of s milar
species or quality for each removed, or destroyed tree. All tree replacement shall be in
accord with the final landscape plan for the first final site plan for the Property. The
Owner's obligation to replace trees within the Conservation Areas shall apply 0 ly to
existing trees within the final, approved Greenway Park pursuant to the Greenwa Park
and Pedestrian Master Plan, described above. Trees to be replaced within the foIl wing
planting season, must be in excess of 12" dbh and shall be replaced with trees of the same
or a similar species or quality of not less than 2.5" dbh, as determined by the Co ty's
Director of Community Development. The County's Director of Com unity
Development may authorize minor variations in the specific location and extent f the
"Conservation Areas" as depicted by the Application Plan provided that such vari tions
(a) are supported by final engineering, geotechnical, and environmental analysis; (b) have
been mitigated to the satisfaction of the Director of Community Development; d (c)
meet any other requirements for a minor variation under County Code g 18-8.5.5.3(a (2).
The Owner shall employ a licensed arborist until all land disturbance withi the
Conservation Areas is complete in order to assure compliance with the stan ards
contained in this proffer 5.
6. LEED Standards for Core & Shell Development. The Owner shall ause
commercial buildings within the shopping center portion of the Project to be rat d a
minimum of "Certified" under the LEED Green Building Rating System for Core & hell
Development, as set forth in the U. S. Green Building Rating System, Version 2.0, July
2006 (collectively, the "LEED Compliant Commercial Space"). For each comme cial
building containing LEED Compliant Commercial Space, the Owner shall provide c pies
of the LEED certifications to the County confirming that such building is construct d to
the minimum standard provided in this Proffer 6. Prior to issuance of the building p it
for any proposed LEED Compliant Commercial Space, the Owner shall provide t the
County Director of Community Development the opinion of a licensed architect that uch
space, if constructed in accordance with the building plans, is designed to achieve the
inimum "Certified" rating provided in this Proffer 6. Before the Owner reque s a
ertificate of occupancy for any building for which a licensed architect rendered suc an
5
opinion, the Owner shall submit to the County's Director of Community Development a
written statement from the architect that the building was built to the plans on which the
opinion was based.
7. Moore's Creek Erosion and Buffer Projects. The Owner shall complete the
erosion and buffer projects for Moore's Creek, above Biscuit Run in the areas depicted
on the map attached ("Erosion and Buffer Projects"). The Erosion and Buffer Projects
will improve those stretches of Moore's Creek above Biscuit Run identified on the
attached Exhibit A from the County's Stormwater Action Lists Report for Stormwater
Master Plan, prepared by CH2MHill, dated January, 2004. The Erosion and Buffer
Projects will include but not be limited to streambank restoration and stream channel
stabilization in general conformity with The Virginia Stream Restoration and
Stabilization Best Management Practices Guide published by the Virginia Department of
Conservation and Recreation in 2004 or any subsequent updates or revisions. The
Erosion and Buffer Projects also will include but not be limited to the installation of new
riparian plantings in general conformity with the Riparian Buffers Modification and
Mitigation Guidance Manual prepared by the Virginia Chesapeake Bay Local Assistance
Department in September 2003 or any subsequent updates or revisions. The Erosion and
Buffer Projects scope will be subject to all applicable federal and state and local
approvals, including the requirements set forth in the final DEQ Landfill Work Plan,
defined below. The schedule and scope of the Erosion and Buffer Projects shall be
submitted and approved with the first final site plan within the Project and shall be
completed within three (3) years from the date of the approval of the first final site plan
within the Project.
8. Former Landfill Site: Work Plan: Department of Environmental Quality.
Prior to preliminary site plan approval the Owner shall have obtained DEQ approval of a
work plan ("Landfill Work Plan") addressing the implications of Owner's constructing
any portion of the Bent Creek Parkway, and any proposed project improvements on the
Project implicating the former City of Charlottesville Landfill site. The Landfill Work
Plan shall be prepared by an environmental consulting firm and shall contain the
following:
A. A discussion of the geology, site history, and generalized subsurface
stratigraphy of the landfill site, based upon a systematic study to include field
observations, and if necessary, electromagnetic induction (EM) survey to determine the
lateral extent of waste deposits on the Property.
B. A plan to stabilize, cover or otherwise address to DEQ's satisfaction any
areas of exposed waste on the Property discovered during the systematic study referenced
in A. above.
C. A plan that addresses the construction techniques to be employed to allow
construction of Bent Creek Parkway and any related improvements over the waste
deposits within the landfill site. For example, to the extent dynamic compaction of the
6
.
.
.
waste deposits will be required to construct the roadway, the plan will describe where and
how dynamic compaction will be performed.
The Owner shall diligently pursue DEQ's approval of the Landfill Work Plan. Unless
DEQ requires otherwise, the components of the Landfill Work Plan referenced above
may be submitted to DEQ separately or within the same document. The County shall be
provided with a copy of the Landfill Work Plan, together with all back-up data submitted
in DEQ's approval of the Landfill Work Plan as a condition of acceptance of dedication
of the Parkway. If all aspects of the Landfill Work Plan have not been completed, but in
the County's sole discretion, any aspect of the Project, including the Parkway may
proceed to opening without any risk to the health and safety of the general public, the
conditions contained herein with respect to the Landfill Work Plan may be suspended or
excused by the County's Director of Community Development.
9. Cultural Resources. Prior to commencing land disturbance of any of the area
included in the former Willoughby Mansion Site, as depicted on the attached Exhibit B,
prepared by Dutton Associates, (the "Phase I Scope Area"), the Owner shall cause to be
completed and supplied to the County, a Phase I Historic Resources Survey ("Phase I
Survey") for any areas within the Phase I Scope Area to be disturbed. The Phase I
Survey shall be conducted pursuant to the National Historic Preservation Act of 1966, as
amended, the Archaeological and Historic Preservation Act of 1974, and Executive Order
11593. The consultant conducting the Phase I Survey shall meet the professional
qualification standards of the Department of the Interior (48 Fed. Reg. 44,738 - 44,739)0
The archaeological fieldwork component of the Phase I Survey shall conform to the
qualifications specified by the Secretary of the Interior's Standards and Guidelines for
Archeology and Historic Preservation (48 Fed. Reg. 44,716 - 44,742 (1983)), and by the
Virginia Department of Historic Resources in its publication entitled Guidelines For
Conducting Cultural Resource Survey In Virginia: Additional Guidance for the
Implementation of the Federal Standards Entitled Archaeology and Historic
Preservation: Secretary of the Interior's Standards and Guidelines (48 FR 44742,
September 29, 1983), 1999, rev. 2000. In the event that any human remains are
encountered in the course of conducting any Phase I Survey, no land disturbance shall
proceed prior to delivery of evidence to the County that all applicable regulations
regarding the disturbance or removal of such remains have been complied with, or that
avoidance can be achieved. The Phase I Survey consultant shall follow federal and state
uidelines and legislation in conducting the Phase I Survey in making recommendations
egarding any Potential Resource Site's eligibility for nomination to the National Register
f Historic Places (NRHP). All artifacts generated in the course of survey and associated
ecords will be curated according to the requirements specified in Curation of Federally
ned and Administered Archaeological Collections (36 C.F.R. 9 79) and Virginia
epartment of Historic Resources State Curation Standards.
10. Erosion and Sediment Control and Stormwater Management.
A. Erosion and Sediment Control. The Owner shall, to the maximum extent
racticable as determined by the County's Program Authority, provide additional erosion
nd sediment controls to achieve a sediment removal rate of eighty percent (80%) for the
7
Property. (As a reference, current regulatory structural measures achieve a 60% optimal
removal rate.)
B. Best Management Practices; Stormwater Management. The Owner shall,
to the maximum extent practicable as determined by the County's Program Authority,
provide Best Management Practices and other measures for water quality to achieve a
pollutant removal rate 20% better than would otherwise be required by the Water
Protection Ordinance (Albemarle County Code S 17-100 et seq.), up to a maximum of
eighty percent (80%) removal rate for each Phase.
C. Revegetation. Within nine (9) months after the start of grading under any
erosion and sediment control permit, permanent vegetation shall be installed on all
denuded areas, except for areas the County's Program Authority determines are otherwise
permanently stabilized or are under construction with an approved building permit. A
three (3) month extension for installation of permanent vegetation may be granted by the
Program Authority due to special circumstances including but not limited to weather
conditions.
11. Architectural Guidelines. To the extent this Project, or any portion thereof, is
not subject to review by the County's Architectural Review Board: (i) the Project shall be
designed and constructed in conformance with the Albemarle County Architectural
Review Board Guidelines, a copy of which is attached as Exhibit C. as determined by
the County's Director of Community Development: (ij) traditional "back of building"
materials shall not be used for the home improvement and or major retail spaces
contemplated within the Project; (iii) translucent roofing materials shall not be visible
from the Entrance Corridor (visibility shall be determined by the County's Director of
Community Development); (iv) roofs or parapet walls shall be used to eliminate visibility
of rooftop equipment from the Entrance Corridor; (v) trees shall be provided along both
sides of Bent Creek Parkway at forty feet (40') on center, a minimum 2.5" dbh at
planting, and (vi) the architectural elements are consistent with the goals of the
Comprehensive Plan for this area.
12. Transit Funding. The Owner shall contribute cash to the County or to its
designee (which may include a regional transit authority) to be used for capital and/or
operating expenses related to the extension of public transit service to the Property. Such
cash contribution may also be used towards the formation, capitalization and operation of
a regional transit authority whose service area includes the Property. The cash
contribution shall be made to the County or its designee within six (6) months after the
provision of public transit service the Property. Funding for the transit service described
in this Proffer 12 shall be provided through assessments administered by the Owner and
shall be Twenty Cents ($0.20) per square foot of net rentable commercial space
(excluding however rentable space attributed to retail warehouse or garden area space)
per year (the "Transit Assessment"). At any time, at the County's option, all Transit
Assessments, along with any unused Transit Assessment funds accumulated by the
Owner, shall be directed to a regional transit authority or other governmental authority
operating public transit service with service to the Property 0 In such event, and for so
8
.
.
.
long as public transit service is provided to the Property, the Owner shall semi-
pay over the aggregate amount of the Transit Assessment assessed to the operator f such
public transit service for use toward capital and/or operating expenses of such ransit
system, but not for maintenance expenses except as permitted by Va. Code ~ 15.2-
2303A, as amended. Within sixty (60) days after the close of the second and ourth
quarters of each calendar year throughout the period the Owner collects the ransit
Assessment, the Owner shall provide to the County Director of Community Develo ment
a written report listing the current Transit Assessment amount, amount of co ercial
square footage assessed, and the amount of the Transit Assessment actually coIl cted.
The terms of this Proffer 12 shall be incorporated into the governing documents or eases
of the Property, which documents shall further authorize the County Direct r of
Community Development to file, perfect and enforce the lien provided in Va. Code ~ 55-
516 against the owner of any lot or parcel within the Property who fails to pay the T ansit
Assessment. The remedy provided in this Proffer 12 shall be in addition to, and ot in
lieu of, the County's rights and remedies at law or in equity for noncompliance wit the
terms of these Proffers.
Submitted as of the
day
,2007, by:
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNA T RE
PAGES TO FOLLOW.]
9
NEW ERA PROPERTIES, LLC
a Virginia limited liability company
By:
Its Manager
By:
Its:
Date:
AVON HOLDINGS, LLC
a Virginia limited liability company
By:
Its Manager
By:
Its:
Date:
10
i
I
MOTION TO CERTIFY CLOSED MEETIN~
I
I MOVE THAT THE BOARD CERTIFY BY A
RECORDED VOTE THAT TO THE BEST OF EA H
BOARD MEMBER'S KNOWLEDGE ONLY PUB IC
BUSINESS MATTERS LAWFULLY EXEMPTED ROM
THE OPEN MEETING REQUIREMENTS OF THE
VIRGINIA FREEDOM OF INFORMATION ACT A D
IDENTIFIED IN THE MOTION AUTHORIZING TH
CLOSED MEETING WERE HEARD, DISCUSSE OR
CONSIDERED IN THE CLOSED MEETING.
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
nnis S. Rooker
Jack Jouett
D vid L Slutzky
Rio
n H. Mallek
White Hall
S lly H. Thomas
Samuel Miller
January 22, 2008
CI rk, State Corporation Commission
cI Document Control Center
P. . Box 2118
Ri mond, VA 23218-2118.
Case Number: PUE-2007-00066
r Sir or Madam:
At its meeting on January 16, 2008, the Albemarle County Board of Supervisor adopted the
att ched resolution regarding the construction of a coal-fire power plant in Wise Cou ty. .
-'
Ie
AU chment
COUNTYOFALBE~E
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
D nnis . Rooker
I Jack ouett
I
I
I
Dtvid L. Slutzky
Ri
H. Mallek
White HaIl
S~ly H. homas
: Samu Miller
January 22, 2008
sapeake Climate Action Network
: Mr. Josh Tulkin
C itol Place
Sui e 603
11 8 E Main Street
Ri mond, VA 23219
r Mro Tullkin:
At its me~ting on January 16, 2008, the Albemarle County Board of Supervisorf ad pted the
att ched resolution regarding the construction of .a coal-fire power plant in Wise Coupty.
~
. Jordan, Clerk I
Ie
Att chment
cc: State Corporation Commission
WISE ENERGY FOR VIRGINIA
RESOLUTION OF SUPPORT
HEREAS, clean air is vital to the health and well-being of all of Virginia's citizens, especially our
children and senior citizens;
HEREAS, the natural beauty of the Chesapeake Bay as well as our mountain
landscapes is a source of pride and inspiration to the citizens of Virginia and
Americans who visit our Commonwealth every year;
and forested
ill ions of other
HEREAS, the health of our agriculture, forestry, and tourism industries as well as our r creational and
commercial fisheries are important to the economy of Virginia;
HEREAS, air pollution degrades our scenery, harms our health, compromises our
recreational fisheries, and damages our streams, forests, and farms;
HEREAS, Dominion's proposed coal-fired power plant in Wise County would produce at least 12,500
tons (25 million pounds) of hazardous air pollution, including nitrogen oxides, n ingredient of
smog; sulfur dioxide, a major cause of acid rain; and carbon monoxide, which c n pose serious
breathing problems for those with respiratory ailments;
HEREAS, the proposed coal-fired power plant would exacerbate mountaintop remova coal mining in
Southwest Virginia, a practice that permanently destroys mountains, forests, nd headwater
streams-treasured and irreplaceable parts of Virginia's natural heritage that prov de clean water
to communities, harbor a diversity of plants and animals unequaled in other regio s of the United
States, and enrich the lives of residents and visitors alike;
HEREAS, Southwest Virginia already suffers from extensive blasting, flooding, and wat r pollution from
mountaintop removal, compromising the economy of the region and residents' he Ith and quality
of life;
HEREAS, the proposed coal-fired power plant in Wise County would emit more than 5. million tons of
carbon dioxide per year, equal to the entire amount of C02 reductions co tained in the
Governor's proposal to reduce gasoline usage by 10 percent;
HEREAS, Virginia is exceptionally vulnerable to global warming. Over 3,300 miles of ti al shoreline is
at risk due to sea level rise; our agricultural sector will likely be impacted by shifti g seasons and
weather patterns; increased heat will exacerbate urban heat-related illness and de th by as much
as 50 percent, and more;
EREAS, Virginia has already contributed its fair share to global warming, with emissio s having risen
34 percent between 1990 and 2004, a rate nearly twice the national average;
EREAS, Congress is considering several bills, including the "Warner-Lieberman Ac" proposed by
Senator John Warner and supported by Senator Jim Webb, to reduce U.S. emis ions of global
warming pollution;
EREAS, federal climate change legislation is likely to be enacted in the near future, and Dominion
Virginia Power has failed to consider any of the additional costs of greenhouse g s regulation in
preparing the economic analyses of its Wise County Power Plant.
EREAS, the Attorney General of New York has subpoenaed Dominion Virginia Power over its failure
to account for its global warming pollution, noting his concern that "Dominion has ot adequately
disclosed" to shareholders the "increased financial, regulatory, and litigation risks" ssociated with
building the Wise County coal-fired power plant without any plan to capture and sequester the
plant's carbon dioxide emissions;
W EREAS, Dominion Virginia Power has also failed to account for the rapidly escalating osts of power
plant construction that will be passed on to Virginia ratepayers; as stated in a June 007 report by
Standard & Poor's, "capital costs of new [power plant] generation ... have risen su stantially over
the past three years.";
HEREAS Governor Kaine's Energy Plan recommends that "Developers of conventional electric
generation capacity that would serve and be paid for by Virginia electric customers should be
required to show, as part of an application for a Certificate of Public Convenience and Necessity,
that the conventional generation is needed after all cost-effective energy-efficiency and
conservation actions have been implemented, and that the conventional generation is less
expensive than new renewable generation capacity;"
HEREAS, according to a recently released report of The American Council for an Energy Efficient
Economy, Virginia ranks at the bottom of all states, with no spending at all, in utility investments
in energy efficiency, per capita; and
HEREAS, building a new coal-fired power plant costs ratepayers two to five times as much as
investments in energy efficiency, causing the Western States Governors' Association to observe
that "improving end-use efficiency is the least expensive electricity resource;"
W, THEREFORE, BE IT RESOLVED, that the Board of Supervisors, of Albemarle County, Virginia
finds that under present conditions, the construction of a coal-fired power plant in Wise County is
not in the best interest of our citizens; and
RTHER RESOLVED, that the Board of Supervisors respectfully urge the Governor and the General
Assembly to join in aggressively promoting the implementation of cost-effective energy efficiency,
conservation, and demand-side management programs before any coal-fired power plant is built.
*****
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an
o dinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to
z ro, as recorded below, at a regular meeting held on Janua 16 2008.
Ave Nav
8
y
Y
Y
Y
Y
WHER AS, clean air is vital to the health and well-being of all of Virginia's citizens, espec ally our children
and senio citizens;
WISE ENERGY FOR VIRGINI
RESOLUTION OF SUPPORT
WHER AS, the natural beauty of the Chesapeake Bay as well as our mountains and foreste landscapes is a
source 0 pride and inspiration to the citizens of Virginia and millions of other America s who visit our
Common ealth every year;
WHER AS, the health of our agriculture, forestry, and tourism industries as well as our recreational and
. commerc al fisheries are important to the economy of Virginia;
WHER AS, air pollution degrades our scenery, harms our health, compromIses our commercial and
recreatio al fisheries, and damages our streams, forests, and farms;
WHER AS, Dominion's proposed coal-fired power plant in Wise County would produce at Ie st 12,500 tons
(25 milli n pounds) of hazardous air pollution, including nitrogen oxides, an ingredient of smo ; sulfur dioxide,
a major c use of acid rain; and carbon monoxide, which can pose serious breathing problems fI r those with
respirato ailments 0
WHE AS, the proposed coal-fired power plant would exacerbate mountaintop removal coal mmg in
Southwe t Virginia, a practice that permanently destroys rnountains, forests, and headwater str ams-treasured
and irrep aceable parts of Virginia's natural heritage that provide clean water to communities, h bor a diversity
of plants d animals unequaled in other regions of the United States, and enrich the lives ofre idents and
visitors a ike;
WHER S, Southwest Virginia already suffers from extensive blasting, flooding, and water p llution from
mountain op removal, compromising the economy of the region and residents' health and qualit of life;
S, the proposed coal-fired power plant in Wise County would emit more than 503 mOllion tons of
carbon di xide per year, equal to the entire arnount of C02 reductions contained in the Govern r's proposal to
reduce g so line usage by 10%;
WHERE S, Virginia is exceptionally vulnerable to global warming. Over 3,300 miles of ti al shoreline is at
risk due 0 sea level rise; our agricultural sector will likely be impacted by shifting seas ns and weather
patterns; ncreased heat will exacerbate urban heat-related illness and death by as much as 50% and more;
WHERE S, Virginia has already contributed its fair share to global warming, with emissions avmg nsen
34% be een 1990 and 2004, a rate nearly twice the national average;
S, Congress is considering several bills, including the "W arner- Lieberman Act" pro osed by Senator
er and supported by Senator Jim Webb, to reduce UoS. emissions of global warming ollution;
S, federal climate change legislation is likely to be enacted in the near future, and D minion Virginia
Power ha failed to consider any of the additional costs of greenhouse gas regulation in prepari g the economic
analyses f its Wise County Power Plant.
WHEREAS. the Attorney General of New York has subpoenaed Dominion Virginia Power over its failure to
account for its global warming pollution, noting his concern that "Dominion has not adequately disclosed" to
shareholders the "increased financial, regulatory, and litigation risks" associated with building the Wise County
coal-fired power plant without any plan to capture and sequester the plant's carbon dioxide emissions;
WHEREAS, Dominion Virginia Power has also failed to account for the rapidly escalating costs of power plant
construction that will be passed on to Virginia ratepayers; as stated in a June 2007 report by Standard & Poor's,
"capital costs of new [power plant] generation... have risen substantially over the past three years.";
WHEREAS Governor Kaine's Energy Plan recommends that "Developers of conventional electric generation
capacity that would serve and be paid for by Virginia electric customers should be required to show, as part of
an application for a Certificate of Public Convenience and Necessity, that the conventional generation is needed
after all cost-effective energy-efficiency and conservation actions have been implemented, and that the
conventional generation is less expensive than new renewable generation capacity."
WHEREAS, according to a recently released report of The American Council for an Energy Efficient
Economy, Virginia ranks at the bottom of all states, with no spending at all, in utility investments in energy
efficiency, per capita;
WHEREAS, building a new coal-fired power plant costs ratepayers 2 to 5 times as much as investments in
energy efficiency, causing the Western States Governors' Association to observe that "improving end-use
efficiency is the least expensive electricity resourceo"
THEREFORE, BE IT RESOLVED, that the {County/Town/City} of finds that under present
conditions, the construction of a coal-fired power plant in Wise County is not in the best interest of our citizens.
We respectfully urge the Governor and the General Assembly to join us in aggressively promoting the
implementation of cost-effective energy efficiency, conservation, and demand-side management programs
before any coal-fired power plant is built.
Councils and Board of Supervisors - Please consider submitting your resolution along with a letter to the
State Corporation Commission to advise their proceedings about this power plant. More information on how to
submit comments or attend the January 8th hearing at www.cleanenergyva.org.
Organizations - please endorse the resolution as an organization and fill out the information belowo
Organization:
Contact:
Phone:
Email:
Address
Please return to Chesapeake Climate Action Network, Capitol Place Suit 603, 1108 E. Main Street, Richmond
Virginia, 23219. For more information, contact Josh Tulkin, 240-396-2152, josh@chesapeakeclimate.org
I
/<.-e (! ~~ ~ ,/1 (pI q-c:;
I move that the Board place on its January 23rd Agenda, for further consideration or
action, the following Ordinances which were deferred by the Board at the conclusion of
their public hearings on October 10,2007:
(1) Subdivision Ordinance Amendment STA 2007-00002 with direction to staff to
revise the proposed ordinance to provide that the holding period for a family
subdivision will be a four year holding period before and after the subdivision;
(2) Zoning Ordinance Amendment ZTA 2007-00003 with direction to staff to revise
the ordinance to delete the provisions changing the critical slopes regulations so
that the ordinance will now only address safe and convenient access for
driveways. In addition, staff is directed to revise proposed ~4.6.6( d) to provide
that the safe and convenient access regulations will apply to existing lots unless
there is a fmding by the County Engineer that development of the lots for the fIrst
single-family dwelling applying those regulations would be impracticable; and
(3) Water Protection Ordinance Amendment WPTA 2007-01 with direction to staff
to delete the proposed defInition of "rural areas", because it is a term that is not
used in the ordinance, and to revise proposed ~ 17 -321 to eliminate the
redundancy in subsections (1), (2), and (3) and to simplify the language, this
being a non-substantive revision for the purpose of clarity.
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Draft: 12/21/07
Section 14-212(A)
With 4 Year/4 Y ar Retention Period
ORDINANCE NO. 08-14( )
RDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, AND ARTICL II,
INISTRA TION AND PROCEDURE, OF THE CODE OF THE COUNTY OF ALBE ARLE,
INIA
BE I ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that hapter 14,
Sub ivision of Land, and Article II, Administration and Procedure, is hereby amended and re rdained as
1'0110 s:
Sec. 14-212
Sec. 14-302
Family subdivisions; conditions of approval
Contents of preliminary plat
Chapter 14. Subdivision of Land
Article II. Administration and Procedure
Division 3. Procedures for Rural Subdivisions, Family Subdivisions,
Boundary Line Adjustments, Vacations and Easement Plats
Sec. 4-212 Family subdivisions; conditions of approval
Each approval of a plat for a family subdivision shall be subject to the following cond tions:
Al!o No lot created by the family subdivision, including the residue, may be transfl rred, except by
devis , descent or operation oflaw, to a person other than an eligible member of the immediat family of the
subd' ider, for a period of-two (2) four (4) years fFem after the date of recordation of the plat, xcept for
purp ses of securing any purchase money and/or construction loan, including a bona fide refi ncing, previdod
. '. .
B~. The entrance of the principal means of access for each lot onto any public stre t shall comply
irginia Department of Transportation standards and be approved by the Virginia Depa ent of
ortation.
GD. The following note shall be added to each plat for a family subdivision: "No I t shown on this
subdivision plat may be sold or conveyed to a person other than an eligible 'member of he immediate
" as that term is defined in Chapter 14 of the Albemarle County Code, for a period of
e rs after the date of recordation of this plat except as authorized by section 14-212(
II
Draft: 12/21/07
Section 14-212(A)
With 4 Year/4 Y ar Retention Period
Albemarle County Codeo If any lot created by the recordation of this plat is conveyed back t the grantor during
the two (2) four (4) year period, it shall be recombined with the parent lot within six (6) mont s after such
conveyance. "
(9-5-96,1-3-96,4-13-88,12-21-83,10-17-79,8-28-74; 1988 Code, S 18-57; Ord. 98-A(I), 7- 5-98; Ord. 05-
14(1),4-20-05, effective 6-20-05)
State law reference-oVa. Code 99 15.2-2244(C), 15.2-2244.1.
Article III.
i
Subdivision Plat Requirements and Documents to be Submitted
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Division 1. Plat Requirements
Sec. 14-302 Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in order for
a preliminary plat to be deemed complete under section 14-216(B):
1. Name of subdivisiono The title under which the subdivision is propos d to be recordedo
The title shall not duplicate or be a homonym of an existing or reserved subdivision name wit in the county, the
City of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing
subdivision.
2. Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet
showing the property and its relationship with adjoining land and streets, its relationship with andmarks in the
area and, if the subdivision is a phased subdivision, all other phases of the subdivision for whi h a final plat has
been approved, in detail adequate to describe the location of the property without field review.
3. Existing or platted streets. The location, width and names of all eXisting or platted
streets and all other rights-of-way. .
I
40 Private easements. The location and dimensions of all existing and ptoposed private
easements. Existing easements shall be labeled with the deed book and page number and the 1ame of the owner
of record. I
5. Public easements. The location and dimensions of all existing and pr1posed public
easements outside of a street right-of-wayo Existing easements shall be labeled with the deed ook and page
number and the name of the public owner ofrecordo Proposed easements shall be labeled as" edicated to
public useo"
6. Alleys and shared driveways. The location and dimensions of all easel ents for alleys
and shared driveways. r
i
7. Existing and departing lot lines. If the property consists of more than one existing lot,
then the identification of the existing lots and their outlines, which shall be indicated by dashe lines; and, the
location of departing lot lines of abutting lots.
80 Proposed lots. The number, approximate dimensions, and area of eac proposed lot.
90 Building sites on proposed lots. The location, area and dimensions of building site on
each proposed lot complying with the requirements of section 4.2 of the zoning ordinance. Th plat shall also
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Draft: 12/21/07
Section 14-212(A)
With 4 Year/4 Y ar Retention Period
contain the following note: "Parcel [letter or number] and the residue of Tax Map/Parcel [nu bers] each contain
a building site that complies with section 4.201 of the Albemarle County Zoning Ordinance."
10. Right offurther division of proposed lots. The number of lots, as ass gned by the
subdivider, into which each proposed lot may be further divided by right pursuant to section 1003.1 of the zoning
ordinance, if applicable. The plat shall also contain the following note: "Parcel [letter or num er] is assigned
[number] development rights and may/may not be further divided and when further divided t ese rights shall not
comprise more than [number] acreso The residue of Tax Map/Parcel [numbers] is retaining [ mber]
development rights and when further divided it shall not consist of more than [ number] acres. '
110 Instrument creating property proposed for subdivision. The deed bo k and page
number of the instrument whereby the property was created, as recorded in the office of the cl rk of the circuit
court of the county.
130 Proposedfacilities. The location of proposed water and sewer lines a d related
improvements; proposed drainage and stormwater management facilities and related improve ents.
12. Topography. Existing topography at the time of plat submittal at up
14. Land to be dedicated in fee or reserved. The location, acreage, and cent owner of all
land intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for t e common use of
lot owners in the subdivision.
15. Identification of all owners and certain interest holderso The names d addresses of
each owner of record and holders of any easements affecting the property.
B. A preliminary plat shall also contain the following information, provided that he preliminary
plat shall not be deemed incomplete for purposes of section 14-216(B) ifit does not include th s information in
the initial plat submittal:
1. General information. The date of drawing, including the date of the 1 st revision, the
number of sheets, the north point, and the scale. If true north is used, the method of determina ion shall be
showno
20 Name of plat preparer. The name of the person who prepared the plat
3. Public areas, facilities or uses. The location of all areas shown in the omprehensive
plan as proposed sites for public areas, facilities or uses, as described in Virginia Code S 15.2- 232, which are
located wholly or in part within the property.
4. Places of burial. The location of any grave, object or structure marki
burial located on the property.
3
Draft: 12/21/07
Section 14-212(A)
With 4 Year/4 Y ar Retention Period
50 Zoning classificationo The zoning classification of the property, incl ding all applicable
zoning overlay districts, proffers, special use permits and variances.
6. Tax map and parcel numbero The county tax map and parcel numbe of the property.
70 Reservoir watershed; agricultural-forestal district. A notation as to hether the land is
within an Albemarle County and/or City of Charlottesville water supply watershed or an agri ultural-forestal
district.
80 Yards. The location of all yards required by this chapter and the zoni g ordinance,
which may be shown graphically or described in a note on the plat.
90 Flood plain. The location of any part of the property within the floo hazard overlay
district, as set forth in section 3003 of the zoning ordinance.
10. Stream buffers. The location of stream buffers required by section 1 -317 of the water
protection ordinance, with the following note: "The stream buffer(s) shown hereon shall be anaged in
accordance with the Albemarle County Water Protection Ordinance."
(9-5-96,2-4-81,8-28-74; 1988 Code, ~ 18-52; Ord. 98-A(1), 8-5-98; Ordo 05-14(1), 4-20-05, ffective 6-20-05)
State law reference-oVa. Code ~~ 15.2-2241 (1), 15.2-2258, 15.2-2262.
This ordinance shall be effective on and after January 23,2008 provided, however, that any s bdivision plat
submitted on or before January 22, 2008, and approved on or before May 23, 2008, may be ap roved under the
applicable regulations in effect on January 22, 2008.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ord nance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to , as recorded
below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
4
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Draft: 12/21/07
ORDINANCE NO. 08-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULA IONS, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that hapter 18,
Zoning, Article II, Basic Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 4.6.6
Lot access requirements
Chapter 18. Zoning
Article 2. Basic Regulations
Sec. 4.6.6 Lot access requirements
date of the adoption of this ordiaanee. (:'-mended 5 21 &6)
Vehicular access on a lot shall be nrovided as follows:
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Draft: 12/21/07
d.
This ordinance shall be effective on and after January 23, 2008 provided, however, that any ubdivision plat,
site plan or application for a building permit submitted on or before January 22, 2008, and a proved on or
before May 23, 2008, may be approved under the applicable regulations in effect on January 22, 20080
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an 0 dinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to , as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Domer
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Mso Thomas
2
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Draft: 01114/08
ORDINANCE NO. 08-17( )
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE F THE COUNTY
OF ALEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE II, ER SION AND
SEDIMENT CONTROL, AND ARTICLE III, STORMW ATER MANAGEMENT AND W TER QUALITY
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that
Protection, Article I, General, Article II, Erosion and Sediment Control, and Article III, Sto
management and water quality, are amended and reordained as follows:
By Amending:
Sec. 17-104
Seco 17-200
Sec. 17-317
Sec. 17-321
Definitions
Applicability
Duty to retain or establish stream buffer
Types of development which may be allowed in stream buffer by program au hority
Chapter 17. Water Protection
Article I. General
Sec. 17-1 04 Definitions.
The following definitions shall apply in the interpretation and implementation of this hapter:
Article II. Erosion and Sediment Control
Sec. 17-200 Applicability.
This article shall apply to any land disturbing activity as provided herein:
A. Except as provided in paragraph (B), each owner shall comply with the requir ments of this
article:
1. prior to engaging in any land disturbing activity, or allowing any land disturbing
activity to occur, on his property;
20 at all times during such land disturbing activity until it is completed, i cluding all times
when the land disturbing activity is performed by a contractor engaged in construction work;
3. when notified by the program authority that an erosion impact area ex sts on his land,
and the notice requires the owner to submit an erosion and sediment control plan in order to co trol erosion and
sedimentation; and
4. for the prior construction of an agricultural road, when the owner sub its a preliminary
or final plat, preliminary or final site plan, an application for a zoning map amendment to a no -agricultural
zoning district, or an application for a special use permit for a use or activity not directly relate to agriculture
for the lot on which the agricultural road is located or serves, ifboth: (i) the plat, plan or applic tion was
submitted within twenty-four (24) months after construction of the agricultural road began; an (ii) the program
II
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Draft: 01114/08
authority determines that the dimensions and alignment of the agricultural road substantially orrespond to the
dimensions and alignment of a road proposed on the plat, plan or any document submitted as art of an
application.
B. This article shall not apply to the following activities:
1. individual home gardens, landscaping, repair and maintenance work;
20 individual service connections;
3. installation, maintenance, or repair of any underground public utility ines when such
activity occurs on an existing hard-surfaced road, street or sidewalk; provided that the land di turbing activity is
confined to the area of the road, street or sidewalk which is hard surfaced;
4. septic tank lines or drainage fields, unless included in an overall plan for land disturbing
activity relating to construction ofthe building to be served by the septic tank system;
5. surface or deep mining;
6. exploration or drilling for oil and gas, including the well site, roads, fi eder lines and
off-site disposal areas;
70 tilling, planting or harvesting of agricultural, horticultural or forest cr ps, livestock feed
operations or products, or related engineering operations including, but not limited to, constru tion of terraces,
terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furro ing, contour
cultivating, contour furrowing, land drainage and land irrigation. This exception shall not app y to: (:i) the
harvesting of forest crops unless the area on which harvesting occurs is reforested artificially l' naturally in
accordance with the provisions of Virginia Code S S 10.1-1100 et seq. or is converted to bona lde agricultural or
improved pasture uses as described in Virginia Code S 1 0.1-1163(B), in which case such pel'S n shall comply
with the provisions of this article when grading, excavating, or filling; (ii) a land disturbing ac ivity related to
the construction of farm structures, including but not limited to agricultural structures or roads not associated
with tilling, planting and harvesting; and (iii) the construction of roads other than agricultural oads;
8. the construction of agricultural roads, except as provided in paragrap (A)(4);
10.
posts or poles; and
installation of fence and sign posts or telephone and electric poles an other kinds of
9. repair or rebuilding of the tracks, right-of-way, bridges, communicati n facilities and
other related structures and facilities of a railroad company;
11. emergency work to protect life, limb or property, and emergency repa rs; provided that
if the land disturbing activity would have required an approved erosion and sediment control pan if the activity
was not an emergency, the land area shall be shaped and stabilized in accordance with the req irements of the
program authority.
(s 7-3, 6-18-75, S 5,2-11-76,4-21-76,2-11-87,3-18-92; S 19.3-8,2-11-98; Code 1988, SS 7-3,19.3-8; Ord. 98-
A(1),8-5-98)
State law reference-Va. Code ~~ 10.1-560, 10.1-562, 10.1-563.
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Draft: 01114/08
Article III. Stormwater management and water quality
Sec. 17-317 Duty to retain or establish stream buffer.
Except as provided in section 17-319, any land subj ect to this article and each storm ater
management/BMP plan shall provide for stream buffers for the purposes of retarding runoff, reventing erosion,
filtering nonpoint source pollution from runoff, moderating stream temperature, and providin for the ecological
integrity of stream corridors and networks, as provided herein:
A. If the development is located within a development area or an area of infill a d redevelopment,
stream buffers shall be retained ifpresent and established where they do not exist on any land subject to this
article containing perennial streams, and/or nontidal wetlands contiguous to these streams. T e stream buffer
shall be no less than one hundred (100) feet wide on each side of such perennial streams and ontiguous nontidal
wetlands, measured horizontally from the edge of the nontidal wetlands, or the top of the stre m bank ifno
wetlands exist.
B. If the development is located within a water supply protection area or other ralland, stream
buffers shall be retained ifpresent and established where they do not exist on any lands subje t to this article
containing perennial or intermittent streams, nontidal wetlands contiguous to these streams, a d flood plains.
The stream buffer shall extend to whichever of the following is wider: (i) one hundred (100) fi et on each side of
perennial or intermittent streams and contiguous nontidal wetlands, measured horizontally fro the edge ofthe
nontidal wetlands, or the top of the stream bank ifno wetlands exist; or (ii) the limits of the fl od plain. The
stream buffer shall be no less than two hundred (200) horizontal feet wide from the flood plai of any public
water supply impoundment.
stream bank ifHo '.vetlands exist; or (ii) the limits of the flood plain.
:9~0 On agricultural lands used for crop land, whether located in a development ar a, an area of infill
and redevelopment, a water supply protection area or other rural land, the stream buffer shall i clude all
perennial streams, non-tidal wetlands contiguous with these streams, and a twenty-five (25) fo t buffer,
measured horizontally from the edge of contiguous non-tidal wetlands, or the top of the strea bank if no
wetlands exist. On these lands, the stream buffer shall be managed to prevent concentrated flo s of surface
water from breaching the buffer area. Each owner of crop land with a stream buffer shall have developed by the
Thomas Jefferson Soil and Water Conservation District a soil and water conservation plan, or component
thereof, which, shall be based on an assessment of existing conservation practices of the crop Ind.
~D. Each stream buffer shall be maintained and incorporated into the design of the land
development to the fullest extent possibleo
l'fo Except for the activities pertaining to the management of a stream buffer ident fied in section
17-318, the types of development authorized in a stream buffer identified in section 17-320, an the additional
types of development which may be allowed in a stream buffer identified in section 17-321, no indigenous
vegetation within the stream buffer shall be disturbed or removed, regardless of the size of the rea affected.
(g 1903-41,2-11-98; g 19.2-8,6-19-91; Code 1988, gg 19.2-8, 19.3-41; Ordo 98-A(1), 8-5-98)
State law reference--Va. Code ~ 10.1-2108.
Sec. 17-321 Types of development which may be allowed in stream buffer by program au hority.
Development in a stream buffer may be authorized by the program authority in t e circumstances
described below, provided that a mitigation plan is submitted to, and approved, by the ogram authority
pursuant to section 17-322:
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Draft: 01114/08
horizontal feet of stream b1:lff-er that is the most landward (furthest from tHe stream);
~l. on a lot which is located within a development area but is
not within a water suoolv orotection area: within the fifty (50) horizontal feet of stream bu er that is the most
landward (furthest from the stream);
J2,. on a lot which.;-(aj is located within a water supply protection area;
after the date of adoption of this chapter an.d is loeated within or other rural land: within the
feet of stream buffer that is the most landward, but only for stormwater conveyance channel or other necessary
infrastructure, and only if such development is determined by the program authority to be n cessary to allow a
reasonable use of the lot. In all cases under this paragraph, the building site and the sewa e disposal system
shall be located outside of the stream buffer;
4l. on a lot on which the development in the stream buffer will consist 0 a lake, pond, or
ecological/wetland restoration project;
-S10 on a lot on which the development in the stream buffer will consist of th construction and
maintenance of a driveway or roadway, and the program authority determines that the s earn buffer would
prohibit reasonable access to a portion of the lot which is necessary for the owner to have a re sonable use of the
lot;
e~. on a lot which was of record prior to the date of adoption of this cha er, on which the
development in the stream buffer will consist of the construction, installation and mainten nce of water and
sewer facilities or sewage disposal systems, and the program authority determines that the s earn buffer would
prohibit the practicable development of such facilities or systems. Any such sewage dis osal system must
comply with all applicable state laws; and
+~. on a lot which was of record prior to the date of adoption of this chapter, i the stream buffer
would result in the loss of a building site, and there are no other available building sites utside the stream
buffer on the lot, or to allow redevelopment as permitted in the underlying zoning district.
(9 19.3-45,2-11-98; 9 19.2-8,6-19-91,98; Code 1988,99 19.2-8, 19.3-45; Ordo 98-A(1), 8-5- 8)
State law reference--Va. Code!i ]0.]-2108.
This ordinance shall be effective on and after January 23, 2008 provided, however, that any su division plat, site
plan or application for a building permit submitted on or before January 22, 2008, and approve on or before
May 23, 2008, may be approved under the applicable regulations in effect on January 22, 2008.
I, Ella Wo Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordi
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to
below, at a regular meeting held on
ance duly
, as recorded
Mr. Boyd
Mro Dorrier
Ms. Mallek
Mro Rooker
Mr. Slutzky
Ms. Thomas
Aye Nay
Clerk, Board of County Su ervlsors
4
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Date: January 16, 2008
ZMA#: 2007-00004 Oakleigh Farm
Tax Map and Parcel Number: Tax Map 45, Parcel26A
RECEIVED AT 80S MEETING
Date: 1- I (P - tJ J?
Agenda Item ,: It)
PROFFER STATEMENT CI rk' J" ~
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8.822 acres to be rezoned from R6 Residential to Neighborhood Model District (NMD)
in accord with the General Development Plan entitled "Rezoning Request for Oakleigh
Farm," prepared by Terra Concepts, PC, revised through December 13,2007
(the "General Development Plan")
Oakleigh Albemarle, LLC, a Virginia limited liability company, is the fee simple owner (the
"Owner") of Tax Map 45, Parcel26A (the "Property") which is the subject of the zoning map
amendment application #ZMA 2007-00004 known as "Oakleigh Farm." The Applicant for
Oakleigh Farm is also Oakleigh Albemarle, LLC. The Oakleigh Farm community is herein
referred to as the "Project."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby voluntary
proffers the conditions listed in this Proffer Statement, which shall be applied to the Property if
the rezoning is approved by Albemarle County. These conditions are proffered as part of the
rezoning and it is acknowledged that the conditions are reasonable.
1. Affordable Housine:.
A. 15% Affordable Requirement. The Owner shall provide a mixture of affordable
housing units and cash in lieu of affordable housing units equivalent to fifteen percent (15%) of
the total residential dwelling units within the Project (the "15% Affordable Requirement"). The
affordable housing mixture shall be comprised as follows:
(i). The Owner shall provide affordable housing dwelling units equal to at
least seven and one-half percent (7.5%) of the total residential dwelling units within the Project
in the form of for-sale or for-lease affordable dwelling units as described in this paragraph 1 (the
"Affordable Dwelling Units" or "Affordable Units"). The Affordable Dwelling Units shall be
comprised of one or more of the following unit types: single-family attached housing
(townhouses or duplexes), condominiums or single family detached units. The Owner or its
successor in interest reserves the right to provide the Affordable Dwelling Units in a variety of
ways, utilizing the above mentioned unit types alone or any combination.
(ii) In lieu of each additional affordable dwelling unit that would otherwise be
required to meet the remainder of the 15% Affordable Requirement for affordable housing
within the Project after the Owner has provided the Affordable Dwelling Units referenced in
Paragraph 1 (A)(i), the Owner shall make a cash contribution to Albemarle County for the
affordable housing program in the amount of Nineteen Thousand One Hundred Dollars
($19,100) for each such unit or any portion thereof (the "Affordable Housing Cash Proffer")
such that the number of Affordable Units and the Affordable Housing Cash Proffer equals the
15% Affordable Requirement as described herein. Any unit for which the Affordable Housing
Cash Proffer is contributed as provided herein shall count as an Affordable Dwelling Unit for
purposes of this Paragraph 1, but as a market rate unit for purposes of Paragraph 2. The
Affordable Housing Cash Proffer shall be allocated among the market rate dwelling units, such
that the number of affordable dwelling units or any portion thereof that would otherwise be
required to meet the requirements of this Paragraph 1A(ii) and the 15% Affordable Requirement
is multiplied by the figure of $19,100, and that product is then divided by the number of market
rate dwelling units within the Project. The resulting amount shall then be paid to the County
prior to the issuance of a building permit for any building or block of townhouse units within the
Project that contain market rate dwelling units, for each market rate dwelling unit within such
building or block of townhouse units, until the 15% Affordable Requirement has been satisfied.
If the number of market rate units or Affordable Units changes after the first Affordable Housing
Cash Proffer is paid, the per unit Affordable Housing Cash Proffer shall be recalculated and
adjusted to assure that the 15% Mfordable Requirement is satisfied.
(iii). Each subdivision plat and site plan for land within the Project shall
designate the lots or units, as applicable, that will, subject to the terms and conditions of this
Paragraph 1, be built as Affordable Dwelling Units, and the aggregate number of such lots or
units so designated within each subdivision plat and site plan shall constitute a minimum of
seven and one-half percent (7.5%) of the lots or units in such subdivision plat or site plan.
Notwithstanding the foregoing, however, the Owner may "carry-over" or "bank" credits for
Affordable Units in the event previously built buildings within the Project provided more than
15% Affordable Units, or in the event the Owner has paid the Affordable Housing Cash Proffer
for an equivalent number of units ("Affordable Credits"). Any such additional Affordable
Credits shall be allocated toward the fifteen percent (15%) minimum for the buildings that
remain to be built within the Project.
B. For-Sale Affordable Units. The for-sale Affordable Dwelling Units shall be affordable
to households with incomes up to 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 homeowner's insurance (pIT!) do not exceed thirty percent (30%)
of the Affordable Unit Qualifying Income, provided, however, that in no event shall the selling
price of such affordable units be required to be less than the greater of One Hundred Ninety
Thousand Four Hundred Dollars ($190,400) or sixty-five percent (65%) 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 below.
The Owner or his successor in interest may at its option facilitate the provision of down payment
assistance loans to reduce the out-of-pocket cash requirement costs to the homebuyer, such as,
but not limited to a second lien Deed of Trust, so that the resultant first mortgage and housing
costs remain at or below the parameters described herein. All financial programs or instruments
described herein must be acceptable to the primary mortgage lender. Any second lien Deed of
Trust executed as part of this paragraph shall be donated to the County of Albemarle or its
designee to be used to address affordable housing. For purposes of calculating the price of the
Affordable Dwelling Units, the value of Seller-paid closing costs shall be excluded from the
selling price of such Affordable Dwelling Units.
2
,
,
Co For-Lease Affordable Dwelling Unitso
(i) The initial net rent for each for-lease Affordable Unit shall not exceed the
th n-current and applicable maximum net rent as published by the County Housing Office. In
e h subsequent calendar year, the monthly net rent for each for-rent Affordable Unit may be
in reased up to three percent (3%). For purposes ofthis proffer statement, the term "net rent"
m ans that the rent does not include tenant-paid utilitieso The requirement that the rents for such
fo lease Affordable Units may not exceed the maximum rents established in this paragraph 1 C
11 apply for a period often (10) years following the date the certificate of occupancy is issued
e County for each for-lease Affordable Unit, or until the units are sold as affordable units as
med by the County's Affordable Housing Policy, whichever comes first (the "Affordable
").
(ii)o Conveyance of Interest - All instruments conveying any interest in the for-
Ie e Affordable Dwelling Units during the Affordable Term shall contain language reciting that
su h unit is subject to the terms of this Paragraph I(C). In addition, all contracts pertaining to a
co veyance of any for-lease Affordable Dwelling Unit, or any part thereof, during the
ordable Term, shall contain a complete and full disclosure of the restrictions and controls
blished by this Paragraph I(C). Prior to the conveyance of any interest in any for-lease
ordable Dwelling Unit during the Affordable Term, the then-current owner shall notify the
ty in writing of the conveyance and provide the name, address and telephone number of the
ntial grantee, and state that the requirements of this Paragraph I (C)(ii) have been satisfiedo
(iii)o Reporting Rental Rates. During the Affordable Term, within thirty (30)
da s of each rental or lease term for each for-rent Affordable Unit, the then-current owner shall
pr ide to the Albemarle County Housing Office a copy of the rental or lease agreement for each
su unit rented that shows the rental rate for such unit and the term of the rental or lease
a ement. In addition, during the Affordable Term, the then-current owner shall provide to the
C nty, if requested, any reports, copies of rental or lease agreements, or other data pertaining to
1 rates as the County may reasonably require.
D. Notification Period; County Cash Option.
(i). Notification Period. All purchasers of the Affordable Dwelling Units shall
be pproved by the Albemarle County Office of Housing or its designee. The then-current
o er/builder shall provide the County or its designee a period of ninety (90) days to identify
pre-qualify an eligible purchaser for the Affordable Unit(s)o The ninety (90) day period shall
co ence upon written notice from the then-current owner/builder that the Unites) is within one
h dred twenty (120) days of completion and, that on or before the end of such one hundred
tw ty (120) day period shall be ready for occupancyo If the County or its designee does not
pr ide a qualified purchaser who executes a contract of purchase during this ninety (90) day
pe ood, the then-current owner/builder shall have the right to sell or lease the Unites) without any
res Oction on sales or lease price or income of the purchaser(s), provided, however, that any
U . (s) sold or leased without such restriction shall nevertheless be counted toward the number
of ordable Units required to be provided pursuant to the terms of this proffer. The
re irements of this proffer shall apply only to the first sale of each of the Affordable Dwelling
3
Units that are purchased. Nothing herein shall preclude the then-current ownerlbuilder from
working with the County Housing Department prior to the start of the notification periods
described herein in an effort to identify qualifying purchasers for the Affordable Units.
(ii). County Option for Cash In Lieu of Affordable Units. If at any time prior
to the County's approval of any preliminary site plan or subdivision plat for the Property which
includes one or more for-sale Affordable Dwelling Units, the Housing Office informs the then-
current ownerlbuilder in writing that it may not have a qualified purchaser for one or more of the
for-sale Affordable Dwelling Units at the time that the then-current ownerlbuilder expects the units
to be completed and that the Housing Office will instead accept a cash contribution to the Housing
Office to support affordable housing programs in the amount of Nineteen Thousand One Hundred
Dollars ($19,100) in lieu of each affordable unites), then the then-current ownerlbuilder shall pay
such cash contribution to the County prior to obtaining a certificate of occupancy for the unites)
that were originally planned to be Affordable Dwelling Units, and the then-current ownerlbuilder
shall have the right to sell the Unites) without any restriction on sales price or income of the
purchaser(s). For the purposes of this proffer, such Affordable Dwelling Units shall be deemed to
have been provided when the subsequent ownerlbuilder provides written notice to the Albemarle
County Office of Housing or its designee that the Affordable Unites) will be available for sale.
E. Inspections. The County shall have the right, upon reasonable notice and subject to
all applicable privacy laws, to periodically inspect the records of the Owner or any successors in
interest for the purposes of assuring compliance with this Paragraph 1.
2. Cash for Capital Improvements Pro2ram. The Owner shall contribute cash to the
County in the following amounts for each dwelling unit constructed within the Property that is
not an Affordable Dwelling Unit. The cash contributions shall be used to address the fiscal
impacts of development on the County's public facilities and infrastructure (i.e., schools, public
safety, libraries, parks and transportation) identified in the County's Capital Improvements
Program. The cash contribution shall be paid prior to issuance of a building permit for each unit
in the following amounts:
A. Seventeen Thousand Five Hundred Dollars ($17,500) for each single family detached
dwelling unit that is not an Affordable Dwelling Unit.
B. Eleven Thousand Nine Hundred Dollars ($11,900) for each single family attached
dwelling unit that is not an Affordable Dwelling Unit.
C. Twelve Thousand Four Hundred Dollars ($12,400) for each multi-family dwelling
unit that is not an Affordable Dwelling Unit.
D. Zero Dollars ($0.00) for each Affordable Dwelling Unit.
3. Annual Adiustment of Cash Proffers. Beginning January 1,2008, the amount of each
cash contribution required herein shall be adjusted annually until paid, to reflect any increase or
decrease for the preceding calendar year in the Comparative Cost Multiplier, Regional City
Average, Southeast Average, Category C: Masonry Bearing Walls issued by Marshall Valuation
4
.
S rvice (alk/a Marshall & Swift) (the "Index") or the most applicable Marshall & Swift index
d termined by the County if Marshall & Swift ceases publication of the Index iden ified herein.
I no event shall any cash contribution amount be adjusted to a sum less than the ount initially
e tablished by these proffers. The annual adjustment shall be made by multiplying he proffered
c sh contribution amount for the preceding year by a fraction, the numerator of w . ch shall be
th Index as of December 1 in the preceding calendar year, and the denominator of hich shall
b the Index as of December 1 in the year preceding the calendar year most recentl ended. For
e ch cash contribution that is being paid in increments, the unpaid incremental pay ents shall be
c rrespondingly adjusted each year.
Tree Preservation. The Owner has submitted as part of the Code of De v lopment for
eigh Farm a tree protection plan (the "Tree Plan") for thirty-nine (39) trees wit 0 the
P ~ect, as shown on the Tree Plan, which specifies tree protection methods and pr edures,
in luding fertilizing, tree protection fencing and mulching which shall be complied 'th during
d after development of the Project. Prior to the final site plan approval, the Own r shall
s mit a bond or other form of surety in the total amount of Twenty-Nine Thousan Dollars
($ 9,000)0 The bond or surety shall be submitted to guaranty the replacement ofth se trees
w 'ch are numbered 1, lA, 2, 3, 4, 4A, 5, 6, 7, 8, 9,10,14, 16, 17,19,20,21,22,2 ,25, 27A,
3 ,31,32,35,38, 38A, and 44D on the Tree Plan (the "Bonded Trees") in the even that any of
th Bonded Trees die within a period of five (5) years after issuance of the last resi ntial
C rtificate of Occupancy within the Project. The bond or other surety shall be in a
ac eptable to the County Engineer and the County Attorney.
Pedestrian Easement. The Homeowners' Declaration of Covenants and R strictions for
th Project shall contain a provision which grants a public right of pedestrian access over all
si ewalks within the Project. This right shall be in perpetuity and the Declaration s all name the
C unty of Albemarle, Virginia as a third-party beneficiary with the express right to nforce the
pr visions of such public right of access.
60 Erosion and Sediment Control. The Owner shall, to the maximum extent racticable as
de ermined by the County's Program Authority, provide additional erosion and sed' ent controls
to chieve a sediment removal rate of eighty percent (80%) for the Property. (As a ference,
ent regulatory structural measures achieve a 60% optimal removal rate.)
TNESS the following duly authorized signatures:
Owner:
OAKLEIGH ALBEMARLE, LLC,
a Virginia Limited Liability Company
147 5v14
Printed Name:~Qd26
Title: At5~
5
From: Keith Whipple [mailto:kwhipple@mckeecarson.com]
Sent: Tuesday, January 08, 2008 10:37 AM
To: Judith Wiegand
Subject: Me
Please defer the McCauley Crossing to the February BaS date.
Thank you.
KEITH P. WHIPPLE
McKeeCarson & Field Sport Concepts, Ltd.
301 East High Street Charlottesville, Virginia 22902
P: 434.979.7522 F: 434.977.1194 M: 434.906.0374
www.mckeecarson.com - www.fieldsport.com
McKEECARSON
LANDSCAPE ARCHITECTS CONSULTING ENGINEERS LAND PLANNERS
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 200 - 004 Oakleigh Farm
AGENDA DATE:
January 16, 2008
SUBJEC IPROPOSAL/REQUEST:
Request t rezone 8.82 acres from R-6, Residential
to Neighb rhood Model District, in order to provide
109 dwell ng units and up to 28,800 square feet of
commerc al space.
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
REVIEWED BY:
ATTACHMENTS:
PPLlCANT PURCHASER:
Ibemarle, LLC with Terra Concepts, P.C. Steve Edwards as the contact.
BACKG OUND:
On Octob r 30,2007, the Planning Commission held a public hearing on the Oakleigh Farm rezoning request. Staff and the
Commiss on recommended denial of the rezoning request by a vote of 7:0 for the following reasons (See Attachment I):
1 . I pacts on public facilities that would result from this proposal are not adequately addressed through the provision of
t e standard cash proffer or otherwise through cash, land or in-kind improvements.
2. A buffer along the common property line with Heritage Hall has not been provided.
3. T e lack of affordable units to be physically located in the project.
Other Pia nin Commission issues:
4. T ming of cash contribution in lieu of affordable units.
5. P ovision of an easement to the adjoining property.
6. C rrect wording problems in the proffers.
7. T e need for corrections to the Code of Development as requested by staff; and
8. A B comments, related to tree preservation which were not addressed.
ber 12, 2007, the Board of Supervisors held a public hearing on the Oakleigh Farm rezoning request. This public
s deferred because the outstanding issues listed above had not been resolved. The Board requested that the
ork with staff to resolve the outstanding issues and that a subsequent public hearing not be scheduled until the
esolved all outstanding issues.
STRATE IC PLAN:
GOAL 4: Effectively Manage the County's Growth and Development.
DISCUS ION:
Since the December 1ih meeting the applicant has worked with staff to resolve the outstanding issues. The following
describes the outstanding issues and their status:
1. Impacts on public facilities that would result from this proposal are not adequately addressed through the
provision of the standard cash proffer.
The applicant has provided proffer 2: Cash for Capital Improvements Program, which has the owner
contributing cash to the County in amounts consistent with the County's proffer policy.
I
1
AGENDA TITLE: ZMA 2007 - 004 Oakleigh Farm
January 16, 2008
Page 2
2. The provision of a buffer along the common property line with Heritage Hall had not been provided.
The applicant has provided staff a copy of a letter that has been sent to Heritage Hall administration
requesting a buffer. (See Attachment II) Generally, the letter describes the applicant's attempts to
discuss the buffer issue with the adjacent property owner (Heritage Hall). The letter gives the Heritage
Hall property owner the opportunity to discuslrequest a buffer if they would like one. To date, the
Heritage Hall property owner has not responded to the applicant's letter dated December 21, 2007. Staff
is satisfied that the applicant has attempted communication with the adjacent property owner regarding
the buffer and the lack of response from the adjacent property owner indicates the buffer may not be of
concern to Heritage Hall. Unless concerns are articulated by the adjacent property owner which justify a
buffer requirement, staff does not recommend that a buffer be required.
3. The lack of affordable units to be physically located in the project.
The applicant has agreed to provide 7.5% affordable units on site. In order to meet the 15% affordable
housing requirement, the applicant has also agreed to provide cash in lieu offor 7.5% of the affordable
units. The Housing Director finds this acceptable; however, the Planning Commission requested that
15% of the units be actually provided within the project.
4. Timing of cash contribution in lieu of affordable units.
The applicant has provided in proffer 1. A. that it will make cash contributions in lieu of affordable units
prior to the issuance of a building permit for any building or block of townhouse units within the Project
that contain market rate dwelling unitso The cash will be contributed for each market rate dwelling unit
within such building or block of townhouse units, until the 15% Affordable Requirement has been
satisfied. (See Attachment III)
5. Provision of an easement to the adjoining property.
The applicant has submitted an executed agreement between the owners of Oakleigh and Berkmar
Crossing regarding easements for access, landscaping and grading/constructiono (See Attachment IV)
6. Correct wording problems in the proffers.
Wording of the revised proffers has been reviewed and staff is satisfied that the proffers adequately
address those concerns.
7. Correcting the Code of Development as requested by staff.
Revisions to the Code of Development have addressed staff's concerns.
8. ARB comments need to be addressed.
The applicant has revised proffer 4: Tree Preservation, to specifically address the ARB's concern
regarding protection of the bonded trees to start with the issuance of the last Certification of
Occupancy. Page 43 of the Code of Development (top of page, letter tie'? now corresponds with the
language mentioned above for proffer 4, as requested by staff.
BUDGET IMPACT:
Fiscal im~ acts of the project have been mitigated by cash proffers.
RECOMIIi ENDATIONS:
Staff beliE ves the applicant has addressed all of the outstanding issues with the possible exception of all the affordable
housing uhits being physically located in the project. As previously mentioned, the Housing Director finds the current proffer
for 7.5% (f the units provided on-site and cash in the amount of $19,100 per unit for the remaining 7.5% acceptable, but the
Planning l"ommission recommended that 15% of the affordable units be physically provided within the project. If the Board
finds that 13 minimum of 7 .5% of affordable units provided on site is acceptable, staff recommends approval of the rezoning
request Z!v1A 2007-04 with proffers.
AGENDA ITLE: ZMA 2007 - 004 Oakleigh Farm
January 16 ,2008
Page 3
ATTACHM ENTS:
Attachmen I - Planninq Commission Action Memo dated October 30 2007
Attachmen 11- Letter to Ted Leneave, dated December 21,2007
Attachmen III - Proffers dated December 20 2007
Attachmen IV - Agreement
Attachmen V - Code of Development, dated December 13, 2007 and Application Plan, dated April 30, 20 07, revised
December 13, 2007
== INSIGNIA DEVELOPMENT SERVICES, INC.
21 December 2007
Mr. Ted Leneave
American Healthcare, LLC
5372 Fallowater Lane
Suite 200
Roanoke, VA 24018
Via Federal Express
Dear Ted:
.
This letter is a follow up to our telephone conversation a couple of weeks ago and
the preliminary site J?lan of our proposed "Oakleigh Fann" project I Federal Expressed to
you on December 6 0 I'm sorry our meeting in Charlottesville didn't work for you but I
certainly understand lUlder the circumstances. I hope we can meet the next time you are
here. Alternatively, I will be happy to meet you in Roanokeo
To recap our earlier conversation, my group has purchased the 8.82 acre site
immediately east and north of your Heritage Hall facilityo As you know, I met recently
with Brian Huschke, the local Administrator of Heritage Hall, and shared our plan with
him in some detail. It is important to me that we keep you informed of our plans and that
we are good neighbors before, during and after the development processo In particular, I
shared with Brian and discussed with you the issue of an appropriate "buffer" between
our project and Heritage Hall.
It is my understanding that Albemarle County required (as part of your site plan
approval) that you maintain a fifty foot (50') buffer along any property line that your
project shares with the Berkley subdivision. Generally, this is east of your project and
south of ours. In our case, I don't think that we will be dealing with any such dramatic
requirements.
.
I have enclosed herewith another copy of our preliminary site plan and have
marked the area where the county would like to see us focus. It looks to me like we have
plenty of buffer / screening area in between the residential building I marked "Condo A"
and the nursing home. We will plan to remove the "trash" trees along that edge of our
project and replace them with decorative shrubs, hardwoods and evergreenso I will
forward you a copy of our proposed landscape plan once it has been prepared to solicit
your comments and inputo
George W. Ray, Jr
Preslden
Marilyn S. Youm
Vice President - Operation~
Jane H. Ray
Vice President - Admlnlslratlor
690 Berkmar Circle. Charlottesville, Virginia. 22901
Phone: (434) 978-1766. Fax: (434) 97R-Ol lR
Attachment II
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PROFFER STATEMENT
ate: December 20, 2007
MA#: 2007-00004 Oakleigh Farm
ax Map and Parcel Number: Tax Map 45, Parcel26A
8.822 acres to be rezoned from R6 Residential to Neighborhood Model District (NMD)
in accord with the General Development Plan entitled "Rezoning Request for Oakleigh
Farm," prepared by Terra Concepts, PC, revised through December 13, 2007
(the "General Development Plan")
akleigh Albemarle, LLC, a Virginia limited liability company, is the fee simple owner (the
"Owner") of Tax Map 45, Parcel26A (the "Property") which is the subject of the zoning map
endment application #ZMA 2007-00004 known as "Oakleigh Farm." The Applicant for
akleigh Farm is also Oakleigh Albemarle, LLC. The Oakleigh Farm community is herein
r ferred to as the "Project."
ursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby voluntary
roffers the conditions listed in this Proffer Statement, which shall be applied to the Property if
e rezoning is approved by Albemarle County. These conditions are proffered as part of the
r zoning and it is acknowledged that the conditions are reasonable.
10 Affordable Housine:.
A. 15% Affordable Requirement. The Owner shall provide a mixture of affordable
ousing units and cash in lieu of affordable housing units equivalent to fifteen percent (15%) of
e total residential dwelling units within the Project (the "15% Affordable Requirement"). The
ordable housing mixture shall be comprised as follows:
(i). The Owner shall provide affordable housing dwelling units equal to at
I ast seven and one-half percent (7.5%) of the total residential dwelling units within the Project
i the form of for-sale or for-lease affordable dwelling units as described in this paragraph 1 (the
, Affordable Dwelling Units" or "Affordable Units"). The Affordable Dwelling Units shall be
omprised of one or more of the following unit types: single-family attached housing
( ownhouses or duplexes), condominiums or single family detached units. The Owner or its
uccessor in interest reserves the right to provide the Affordable Dwelling Units in a variety of
ays, utilizing the above mentioned unit types alone or any combination.
(ii) In lieu of each additional affordable dwelling unit that would otherwise be
quired to meet the remainder of the 15% Affordable Requirement for affordable housing
.thin the Project after the Owner has provided the Affordable Dwelling Units referenced in
aragraph 1 (A)(i), the Owner shall make a cash contribution to Albemarle County for the
ordable housing program in the amount of Nineteen Thousand One Hundred Dollars
19,100) for each such unit or any portion thereof (the "Affordable Housing Cash Proffer")
Attachment III
such that the number of Affordable Units and the Affordable Housing Cash Proffer equals the
15% Affordable Requirement as described herein. Any unit for which the Affordable Housing
Cash Proffer is contributed as provided herein shall count as an Affordable Dwelling Unit for
purposes of this Paragraph 1, but as a market rate unit for purposes of Paragraph 2. The
Affordable Housing Cash Proffer shall be allocated among the market rate dwelling units, such
that the number of affordable dwelling units or any portion thereof that would otherwise be
required to meet the requirements of this Paragraph 1 A(ii) and the 15% Affordable Requirement
is multiplied by the figure of$19,100, and that product is then divided by the number of market
rate dwelling units within the Project. The resulting amount shall then be paid to the County
prior to the issuance of a building permit for any building or block of townhouse units within the
Project that contain market rate dwelling units, for each market rate dwelling unit within such
building or block of townhouse units, until the 15% Affordable Requirement has been satisfied.
If the number of market rate units or Affordable Units changes after the first Affordable Housing
Cash Proffer is paid, the per unit Affordable Housing Cash Proffer shall be recalculated and
adjusted to assure that the 15% Affordable Requirement is satisfied.
(iii). Each subdivision plat and site plan for land within the Project shall
designate the lots or units, as applicable, that will, subject to the terms and conditions of this
Paragraph 1, be built as Affordable Dwelling Units, and the aggregate number of such lots or
units so designated within each subdivision plat and site plan shall constitute a minimum of
seven and one-half percent (7.5%) of the lots or units in such subdivision plat or site plan.
Notwithstanding the foregoing, however, the Owner may "carry-over" or "bank" credits for
Affordable Units in the event previously built buildings within the Project provided more than
15% Affordable Units, or in the event the Owner has paid the Affordable Housing Cash Proffer
for an equivalent number of units ("Affordable Credits"). Any such additional Affordable
Credits shall be allocated toward the fifteen percent (15%) minimum for the buildings that
remain to be built within the Project.
B. For-Sale Affordable Units. The for-sale Affordable Dwelling Units shall be affordable
to households with incomes up to 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 homeowner's insurance (PITI) do not exceed thirty percent (30%)
of the Affordable Unit Qualifying Income, provided, however, that in no event shall the selling
price of such affordable units be required to be less than the greater of One Hundred Ninety
Thousand Four Hundred Dollars ($190,400) or sixty-five percent (65%) 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 below.
The Owner or his successor in interest may at its option facilitate the provision of down payment
assistance loans to reduce the out-of-pocket cash requirement costs to the homebuyer, such as,
but not limited to a second lien Deed of Trust, so that the resultant first mortgage and housing
costs remain at or below the parameters described herein. All financial programs or instruments
described herein must be acceptable to the primary mortgage lender. Any second lien Deed of
Trust executed as part of this paragraph shall be donated to the County of Albemarle or its
designee to be used to address affordable housing. For purposes of calculating the price of the
Affordable Dwelling Units, the value of Seller-paid closing costs shall be excluded from the
selling price of such Affordable Dwelling Units.
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Co For-Lease Affordable Dwelling Units.
(i) The initial net rent for each for-lease Affordable Unit shall not exceed the
then-current and applicable maximum net rent as published by the County Housing Office. In
each subsequent calendar year, the monthly net rent for each for-rent Affordable Unit may be
increased up to three percent (3%). For purposes of this proffer statement, the term "net rent"
means that the rent does not include tenant-paid utilities. The requirement that the rents for such
for-lease Affordable Units may not exceed the maximum rents established in this paragraph 1 C
shall apply for a period often (10) years following the date the certificate of occupancy is issued
by the County for each for-lease Affordable Unit, or until the units are sold as affordable units as
defmed by the County's Affordable Housing Policy, whichever comes first (the "Affordable
Term").
(ii). Conveyance of Interest - All instruments conveying any interest in the for-
lease Affordable Dwelling Units during the Affordable Term shall contain language reciting that
such unit is subject to the terms of this Paragraph I(C). In addition, all contracts pertaining to a
conveyance of any for-lease Affordable Dwelling Unit, or any part thereof, during the
Affordable Term, shall contain a complete and full disclosure of the restrictions and controls
established by this Paragraph I(C). Prior to the conveyance of any interest in any for-lease
Affordable Dwelling Unit during the Affordable Term, the then-current owner shall notify the
County in writing of the conveyance and provide the name, address and telephone number of the
potential grantee, and state that the requirements of this Paragraph I (C)(ii) have been satisfied.
(iii). Reporting Rental Rates. During the Affordable Term, within thirty (30)
days of each rental or lease term for each for-rent Affordable Unit, the then-current owner shall
provide to the Albemarle County Housing Office a copy of the rental or lease agreement for each
such unit rented that shows the rental rate for such unit and the term of the rental or lease
agreement. In addition, during the Affordable Term, the then-current owner shall provide to the
County, if:requested, any reports, copies of rental or lease agreements, or other data pertaining to
rental rates as the County may reasonably require.
D. Notification Period; County Cash Option.
(i). Notification Period. All purchasers of the Affordable Dwelling Units shall
be approved by the Albemarle County Office of Housing or its designee. The then-current
owner/builder shall provide the County or its designee a period of ninety (90) days to identify
and pre-qualify an eligible purchaser for the Affordable Unites). The ninety (90) day period shall
commence upon written notice from the then-current owner/builder that the Unites) is within one
hundred twenty (120) days of completion and, that on or before the end of such one hundred
twenty (120) day period shall be ready for occupancy. 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 or lease the Unites) without any
restriction on sales or lease price or income of the purchaser(s), provided, however, that any
Unites) sold or leased without such restriction shall nevertheless be counted toward the number
of Affordable Units required to be provided pursuant to the terms of this proffer. The
requirements of this proffer shall apply only to the first sale of each of the Affordable Dwelling
3
Units that are purchased. Nothing herein shall preclude the then-current owner/builder from
working with the County Housing Department prior to the start of the notification periods
described herein in an effort to identify qualifying purchasers for the Affordable Units.
(ii). County Option for Cash In Lieu of Affordable Units. If at any time prior
to the County's approval of any preliminary site plan or subdivision plat for the Property which
includes one or more for-sale Affordable Dwelling Units, the Housing Office informs the then-
current owner/builder in writing that it may not have a qualified purchaser for one or more of the
for-sale Affordable Dwelling Units at the time that the then-current ownerlbuilder expects the units
to be completed and that the Housing Office will instead accept a cash contribution to the Housing
Office to support affordable housing programs in the amount of Nineteen Thousand One Hundred
Dollars ($19,100) in lieu of each affordable unites), then the then-current ownerlbuilder shall pay
such cash contribution to the County prior to obtaining a certificate of occupancy for the unites)
that were originally planned to be Affordable Dwelling Units, and the then-current ownerlbuilder
shall have the right to sell the Unites) without any restriction on sales price or income of the
purchaser(s). For the purposes of this proffer, such Affordable Dwelling Units shall be deemed to
have been provided when the subsequent ownerlbuilder provides written notice to the Albemarle
County Office of Housing or its designee that the Affordable Unites) will be available for sale.
E. Inspections. The County shall have the right, upon reasonable notice and subject to
all applicable privacy laws, to periodically inspect the records of the Owner or any successors in
interest for the purposes of assuring compliance with this Paragraph 1.
2. Cash for Capital Improvements Proe:ram. The Owner shall contribute cash to the
County in the following amounts for each dwelling unit constructed within the Property that is
not an Affordable Dwelling Unit. The cash contributions shall be used to address the fiscal
impacts of development on the County's public facilities and infrastructure (i.e., schools, public
safety, libraries, parks and transportation) identified in the County's Capital Improvements
Program. The cash contribution shall be paid prior to issuance of a building permit for each unit
in the following amounts:
A. Seventeen Thousand Five Hundred Dollars ($17,500) for each single family detached
dwelling unit that is not an Affordable Dwelling Unit.
B. Eleven Thousand Nine Hundred Dollars ($11,900) for each single family attached
dwelling unit that is not an Affordable Dwelling Unit.
C. Twelve Thousand Four Hundred Dollars ($12,400) for each multi-family dwelling
unit that is not an Affordable Dwelling Unit.
D. Zero Dollars ($0.00) for each Affordable Dwelling Unit.
3. Annual Adiustment of Cash Proffers. Beginning January 1,2008, the amount of each
cash contribution required herein shall be adjusted annually until paid, to reflect any increase or
decrease for the preceding calendar year in the Comparative Cost Multiplier, Regional City
Average, Southeast Average, Category C: Masonry Bearing Walls issued by Marshall Valuation
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Service (alk/a Marshall & Swift) (the "Index") or the most applicable Marshall & Swift index
determined by the County if Marshall & Swift ceases publication of the Index identified hereino
In no event shall any cash contribution amount be adjusted to a sum less than the amount initially
established by these proffers. The annual adjustment shall be made by multiplying the proffered
cash contribution amount for the preceding year by a fraction, the numerator of which shall be
the Index as of December 1 in the year preceding the calendar year most recently ended, and the
denominator of which shall be the Index as of December 1 in the preceding calendar year. For
each cash contribution that is being paid in increments, the unpaid incremental payments shall be
correspondingly adjusted each year.
4. Tree Preservation. The Owner has submitted as part of the Code of Development for
Oaldeigh Farm a tree protection plan (the "Tree Plan") for thirty-nine (39) trees within the
Project, as shown on the Tree Plan, which specifies tree protection methods and procedures,
including fertilizing, tree protection fencing and mulching which shall be complied with during
and after development of the Project. Prior to the final site plan approval, the Owner shall
submit a bond or other form of surety in the total amount of Twenty-Nine Thousand Dollars
($29,000). The bond or surety shall be submitted to guaranty the replacement of those trees
which are numbered 1, lA, 2, 3, 4, 4A, 5, 6, 7, 8, 9, 10, 14, 16, 17, 19,20,21,22,24,25, 27A,
30,31,32,35,38, 38A, and 44D on the Tree Plan (the "Bonded Trees") in the event that any of
the Bonded Trees die within a period of five (5) years after issuance of the last residential
Certificate of Occupancy within the Project. The bond or other surety shall be in a form
acceptable to the County Engineer and the County Attorney.
5. Pedestrian Easement. The Homeowners' Declaration of Covenants and Restrictions for
the Project shall contain a provision which grants a public right of pedestrian access over all
sidewalks within the Project. This right shall be in perpetuity and the Declaration shall name the
County of Albemarle, Virginia as a third-party beneficiary with the express right to enforce the
provisions of such public right of access.
6. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as
determined by the County's Program Authority, provide additional erosion and sediment controls
to achieve a sediment removal rate of eighty percent (80%) for the Property. (As a reference,
current regulatory structural measures achieve a 60% optimal removal rate.)
WITNESS the following duly authorized signatures:
Owner:
OAKLEIGH ALBEMARLE, LLC,
a Virginia Limited Liability Company
C~-- ~~
By: - 0
Printed Name: ~~ W. l!Ir( I~
Title:~~ ~~
147990Sv13
5
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AGREEMENT
TillS AGREEMENT (this "Agreement") is made as ofthis _ day of November, 2007,
~y and between OAKLEIGH ALBEMARLE. LLC, a Virginia limited liability company
("Oakleigh'') and BERKMAR CROSSING BUILDING "AI" CONDOMINIUM
ASSOCIATION, a Virginia non-stock corporation ("Berlanar") provides as follows:
RECITALS
WHEREAS, Oakleigh is the owner of a certain parcel of land located in Albemarle
County, Virginia, fronting on West Rio Road, containing approximately 8.82 acres, and
identified on the current tax maps of Albemarle County as Tax Map Parcel 45-26A (the
"Oaklei~ Propertv''); and
WHEREAS, Berkmar is the owner of a certain parcel of land located in Albemarle
County, Virginia, identified on the current tax maps of Albemarle County as Tax Map Parcel
6lM-12-1Al through lA6 that is adjacent to the Oakleigh Property (the ~'Berlanar Property");
and
WHEREAS, Oakleigh desires to develop the Oakleigh Property with residential and
commercial development, and to include an interparcel connection between the Oakleigh
Property and the Berkmar property in the area shown as "Interparcel Connection" on the portion
of the proposed General Development Plan for Oakleigh Farms marked Exhibit A attached
hereto and incorporated herewith, and Berkmar supports the proposed interparcel connection;
and
WHEREAS, as part of the proposed Oakleigh development Oakleigh proposes to plant
landscaping on certain portions of the Berkmar Property adjacent to Oakleigh in the area
approximately shown as ''Landscaping Easement Area" on Exhibit B. attached hereto and
incorporated herewith, and Berkmar has agreed to grant Oakleigh a landscaping easement for
such purposes; and
WHEREAS, Berkmar has also agreed to grant Oakleigh a temporary construction and
grading easement in the approximate area along and near the property line between the Berkmar
Property and the Oakleigh Property shown on Exhibit C. attached hereto and incorporated
herewith, for the construction of the interparcel connection, for grading, and for other needs
related to the construction activities on the Oakleigh Property; and
WHEREAS, the parties hereto desire to memorialize their intention to enter into an
easement agreement for such easements in the future once the precise locations of such easement
areas have been surveyed and platted.
NOW THEREFORE, in consideration of Ten Dollars ($10.00) cash in hand paid, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
Attachment IV
acknowledged, the parties agree as follows:
1. Future Granting of Easements. The parties hereby agree that if the rezoning
application for Oakleigh Farms (identified by the County as "ZMA 07-04 Oakleigh Farm") is
approved by the County Board of Supervisors, then at such time as the appropriate plats and
documents are prepared which identify the precise easement areas, the parties will negotiate in
good faith an easement agreement granting the easements descnoed in paragraph 2, and shall
execute such agreement when it is mutually agreed to by the parties, on the terms and conditions
contained herein (the "Future Easement Agreement").
2. Easements Described. The parties agree to the grant the following easements in
the Future Easement Agreement:
a.. Oakleigh and Berkmar will grant a nonexclusive, perpetual and reciprocal
access easement for vehicles and pedestrians in the area shown as "Interparcel Connection" on
Exhibit A, to facilitate interparcel connections between the Oakleigh Property and the Berkmar
Property.
b. Berkmar will grant a perpetual landscaping easement to Oakleigh in the area
shown as "Landscaping Easement Area" on Exhibit B.
c. Berkmar will grant a temporary construction and grading easement to Oakleigh
in the approximate location shown as "Temporary Construction and Grading Easement Area" on
Exhibit C.
3. Other Governing TermS. The parties agree that the terms of the Future
Easement Agreement shall be subject to the following broad terms:
a. The precise locations of all easement areas shall be clearly delineated and
platted on an exhibit prepared by a surveyor or engineer at Oakleigh's expense, to be attached to
and recorded with the Future Easement Agreement.
b. The cost of drafting the Future Easement Agreement will be the responsibility
of Oakleigh.
c. Unless otherwise mutually agreed to by the parties, Oakleigh shall be
responsible for the cost and installation of the landscaping within the Landscaping Easement
Area and shall maintain responsibility for the perpetual maintenance of such landscaping.
d. Oakleigh shall cause the construction work necessary to construct the
interparcel cOIUlection to be carried out upon receipt of all necessary governmental approvals,
and shall be responsible for the cost of all such site work, permits, and other expenses of such
connectiono
e. The Future Easement Agreement shall be in recordable form, and the cost of
recording the Future Easement Agreement shall be the responsibility of Oakleigh.
2
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4. Successors and Assigns. The terms and provisions of this Agreement shall be
inding upon and inure to the benefit of the successors and assigns of the parties hereto and any
erson claiming by, through or under any of them or their respective successors and assigns.
50 Amendment. This Agreement may not be modified or amendment in whole or in
art except with the written consent of the parties hereto.
6. Governing Law. This Agreement will be construed in accordance with the laws
fthe Commonwealth of Virginia.
7. Execution in COUIlterparts~ Facsimile Signatures. This Agreement may be
xecuted in counterparts, each of which shall be deemed an original, and together which shall be
eemed one and the same instrument. Facsimile signatures shall constitute original signatures.
WITNESS the following signatures:
OAKLEIGH:
Oakleigh Albemarle,LLC
Br-~ ~~ 0-
George W. Ray, Jr., Manager
BERKMAR:
Berkmar Crossing Building "At" Condominium
Association '\ r I /\
By: oJ ~
Name:
Title: ((Z.r~
529077,,2
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Fax~34) 972-4012
__ __The Albemarle County Planning Commission, at its meeting on November 13,2007, recomtnended
approval of the above-noted petition to the Board of Supervisors by a vote of 5 :0. .
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia.. 22902-4596
Phone ( 434~ 296-5832
November 30, 2007
Darren P. Giacalone
925 Madison Drive
Earlysville, Va 22936
RE: ZMA2007-0001S DTG Dickerson Road
Tax Map 46, ParcellS
Dear Mr. Giacalone:
Please be advised that the Albemarle County Board of Supervisors will review this petition ,nd receive
public comment at their meeting on January 16, 2008. I
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
Sincerely,
Judy Wiegand
Planner
Planning Division
JW ISM
cc: Woodmen OrThe World Life Insurance Society Lodge 279 Virginia
4090 Dickerson Road
Charlottesville Va 229 I I
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COUNTY OF ALBEMARLE
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EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 200 -015 DTG Dickerson Road
AGENDA DATE:
January 16, 2008
SUBJEC IPROPOSAL/REQUEST:
Request tp rezone 2.64 acres of TMP 32-9J1 from
Rural Areas to Light Industrial with proffers
ACTION: X
INFORMATION:
STAFF CbNTACTfS\:
Cilimberg Wiegand
LEGAL RFVIEW: NO
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
BACKGRbuND:
On Noven~ber 13, 2007, the Planning Commission held a public hearing on the DTG Dickerson Road rezoning. The
Planning I om mission recommended approval with changes expected in the proffers. The applicant has made the
requested changes and a copy of the signed proffers is attached.
Attachme t I contains the Commission's action memo. Attachment II is the staff report reviewed by the Planning
Commissipn.
DISCUSS ON:
Since the Planning Commission meeting, the applicant has modified his proffers to meet the Commission's requests.
.e first p offer now includes the name and date of the application plan. The second proffer includes language
Clicating ~hen and where connections to public water and sewer will be made. The third proffer restricts the list of
uses that the applicant and staff feel will be appropriate for the site.
Attachmer t III contains the signed proffers and Attachment IV is the Application Plan.
RECOMMENDATIONS:
Staff recornmends approval of ZMA 2007-015 with the current proffers (Attachment III) and the application plan
(Attachment IV).
ATTACHN ENTS:
ATTACHMENT I:
ATTACHMENT II:
ATTACHMENT III: .
A IT ACHMENT IV:
Planning Commission Action Memo for November 13, 2007
Staff Report dated November 13, 2007
Signed proffers dated December 10, 2007
Application Plan dated October 30,2007
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accordance with all applicable regulations set forth in Section 501.40 of the Zoning
Ordinance.
5. With the exception of any safety lighting required by Federal Aviation Administration
regulations, outdoor lighting shall be permitted only during maintenance periods;
regardless of the lumens emitted, each outdoor luminaire that is not required for safety
shall be fully shielded as required by Section 4017 of the Zoning Ordinance.
60 No existing trees within 200 feet of the facility shall be removed for the purpose of
installing the proposed antennae or any supporting ground equipment.
7. The current owner and any subsequent owners of the tower and its supporting facilities
shall submit a report to the Zoning Administrator by July 1 of each year. The report shall
identify each personal wireless service provider that uses the facility, including a drawing
indicating which equipment, on both the tower and the ground, are associated with each
providero
80 All equipment and antennae from any individual personal wireless service provider shall
be disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within
ninety (90) days of the date its use for personal wireless service purposes is
discontinuedo If the Zoning Administrator determines at any time that surety is required
to guarantee that the facility will be removed as required, the permittee shall furnish to
the Zoning Administrator a certified check, a bond with surety satisfactory to the County,
or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned
upon, the removal of the facilityo The type of surety guarantee shall be to the satisfaction
of the Zoning Administrator and the County Attorney.
9. The tower shall be limited to a total of four (4) vertical arrays of panel antennaso No
additional relay, satellite or microwave dish antennas shall be permitted on the tower
without an amendment of this special use permit.
10. This special use permit must be amended to allow either of the three existing arrays of
panel antennas to be:
a. relocated on the structure;
b. modified to increase the number or size of panel antennas; or,
co modified to increase the distance of the panel antennas from the structure.
A tion on Modifications:
M tion: Mr. Craddock moved, Mro Zobrist seconded, for approval of the two modifications for
S -2007-00038, Carrsbrook (ATC) - Verizon Tier III PWSF, for the flush mounting requirements
a d for the tree modification plan because they are not disturbing any trees.
T e motion tor approval passed by a vote of 5:0. (M. Morris and Mr. Strucko were absent.)
M. Joseph stated that SP-2007-00038, Carrsbrook (ATC) - Verizon Tier III PWSF
m difications were approved.
Z A-2007 -00015 .DTG Dickerson Road Si n # 79
P OPOSAL: Rezone 2.64 acres from Rural Area (RA) zoning district which allows agricultural,
to estal, and fishery uses; residential density (0.5 unit/acre) to Light Industrial zoning district
A BEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 13, 2007 Attach~ent I
FI AL ACTION MEMO
3
which allows industrial, office, and limited commercial uses (no residential use). No residential
units are proposed.
PROFFERS: Yes X No
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Industrial Service -- warehousing,
light industry, heavy industry, research, office uses, regional scale research, limited production
and marketing activities, supporting commercial, lodging and conference facilities, and
residential (6.01-34 units/acre) in the Community of Hollymead.
ENTRANCE CORRIDOR: Yes_No X
LOCATION: approximately 4500 feet north of the intersection with Airport Road (Rt. 649) at
4090 Dickerson Road (Rt. 606), on the west side of Dickerson across from Quail Run in the
Community of Hollymead.
TAX MAP/PARCEL: 32-9J1
MAGISTERIAL DISTRICT: White Hall
(Judy Wiegand)
Action on ZMA-2007-00015 DTG Dickerson Road:
Motion: Mro Zobrist moved, Mro Craddock seconded, for approval of ZMA-2007 -00015 DTG
Dickerson Road, with the conditions set forth in the staff report and provided that appropriate
language is worked out between staff and the applicant prior to the Board meeting.
The motion passed by a vote of 5:0. (Mr. Strucko and Mr. Morris were absent.)
Ms. Joseph stated that ZMA-2007-00015, DTG Dickerson Road, will go before the Board of
Supervisors with a recommendation for approval on January 16.
ZMA-2004-00022 Treesdale Park (Sian # 33)
PROPOSAL: Rezone 6.60 acres from R4 residential zoning district which allows residential
uses (4 units per acre) to PRD (Planned Residential District) - which allows residential uses (3 -
34 units/acre) with limited commercial uses. This request proposes a total of 90 units at a
density of 14 units per acres and no commercial useso
PROFFERS: Yes.
COMPREHENSIVE PLAN LAND USEIDENSITY: Urban Density Residential (6 - 34 units per
acre).
ENTRANCE CORRIDOR: No.
LOCATION: The property is located in the Rio Magisterial District at 640 E. Rio Road, south of
Towne Lane on the west side of East Rio Roado
TAX MAP/PARCEL: Tax Map 61, Parcels 182,183, and 183A.
(Elaine Echols)
Action on ZMA-2004-00022. Treesdale:
Motion: Mr. Edgerton moved, Mr. Cannon seconded, for approval of ZMA-2004-00022,
Treesdale Park, with the condition that the items outlined by staff will be addressed before the
Board of Supervisors meeting.
The motion passed by a vote of 3:2. (Mr. Craddock and Mr. Zobrist voted nay.) (Mr. Strucko
and Mr. Morris were absent.)
Ms. Joseph stated that ZMA-2007 -00022, Treesdale, will go before the Board of Supervisors
with the following recommendation:
ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 13, 2007
FINAL ACTION MEMO .
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COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
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Project Name: ZMA 2007-015 DTG Dickerson Staff: Judith C. Wiegand, AICP
Road
Planning Commission Public Hearing: Board of Supervisors Public Hearing:
November 13, 2007 January 16, 2008
Owner(s}: Woodmen of the World Life Insurance Applicant: DTG Enterprises LLC, Darren P.
Society Giacalone
Acreage: 20644 acres Rezone from: Rural Areas to Light Industrial
TMP: TM 32 , Parcel 9J1 By-right use: agricultural, forestal, and fishery uses;
Location: approximately 4500 feet north of the residential density (0.5 unit/acre)
intersection with Airport Road (Rt. 649) at 4090
Dickerson Road (Rt. 606), on the west side of
Dickerson across from Quail Run in the Community
of Holilymead.
Magisterial District: White Hall Proffers: Yes
Proposal: The applicant is requesting a rezoning Requested # of Dwelling Units: none requested
from the current Rural Areas district to a Light
Industrial district in order to operate a small
roofing business. The applicant does not propose
any major changes to the siteo The only changes
will be the addition of a parking area behind the
building and installation of a privacy fenceo This
business does not involve hazardous materials.
DA (Development Area): Community of Compo Plan Designation: Industrial Service
Hollymead Places29: Light Industrial
Character of Property: the property currently Use of Surrounding Properties: the property to
houses the offices of the Woodmen of the World the north is residential, to the south is residential with
Insurance Society. The property contains a building commercial uses, to the west is the airport, and to the
and a parking areao The building is served by well east across Dickerson Road is the Quail Run
water and a septic system. industrial complex.
Factors Favorable: Factors Unfavorable:
1. The County needs additkmal Light Industrially Staff has found no factors unfavorable to this
zoned property to accommodate uses such as rezoning.
this one.
2. The subject property is designated for industrial
use in the Comprehensive Plan.
3. The subject property is in the Development
Areas, so a Rural Areas zoning district is
inappropriate.
4. The location proposed for this new district is
appropriate because i: is adjacent to other Light
Industrial districts anc to the airport.
RECOMMENDATION: S':aff recommends approval of this re:.zoning from Rural Areas to Light
Industrial, with the profers subject to modifications to address nonsubstantive matters.
Attachment II
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STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
JUDITH C. WIEGAN.D, AICP
NOVEMBER 13, 2007
JANUARY 16, 2008
)
ZMA 2007-015 DTG Dickerson Road
PETITION
PROJECT: ZMA 2007-015 DTG Dickerson Road
PROPOSAL: Rezone 2.64 acres from Rural Area (RA) zoning district which allows agricultural,
forestal, and fishery uses; residential density (0.5 unit/acre) to Light Industrial zoning district which
allows industrial, office, an'd limited commercial uses (no residential use). No residential units are
proposed. .
PROFFERS: Yes X No
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Industrial Service -- warehousing,
light industry, heavy industry, research, office uses, regional scale research, limited production and
marketing activities, supporting commercial, lodging and conference faciliti~s, and residential (6.01-
34 units/acre) in the Community of Hollymeado
ENTRANCE CORRIDOR: Yes_No X .
LOCATION: approximately 4500 feet north of the intersection with Airport Road (Rt. 649) at 4090
Dickerson Road (Rt. 606), on the west side of Dickerson across from Quail Run in the Community
of Hollymead.
TAX MAP/PARCEL: 32-9J1
MAGISTERIAL DISTRICT: White Hall
CHARACTER OF THE AREA
This parcel is located on the west side of Dickerson Road and is one of 6 small parcels. The parcel )
to the south has a music school and plant nursery. The four parcels to the north are residential. The
current use on the subject parcel is the Woodmen of the World insurance business, which operates
in this location by special use permit.
This parcel backs up to the Charlottesville-Albemarle Regional Airport and is across Dickerson
Road from the Quail Run industrial complex.
SPECIFICS OF THE PROPOSAL
The applicant is requesting a rezoning from the current Rural Areas district to a Light Industrial
district in order to operate a small roofing business. The applicant started the business in the City of
Charlottesville in 2000. The business is currently operating out of rented quarters on Harris Street.
The applicant has been looking for three years for a site to buy that would suit his business.
The applicant does not propose any major changes to the site. The only changes will be the
addition of a parking area behind the existing building and installation of a privacy fence. This
business does not involve hazardous materials.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
This location is the right size, with an appropriate building and parking for a small business of this
nature. Based on the applicant's three-year search for such a location, this is one of the few
locations in the County that are appropriate and affordable for small single-owner light industrial
businesses.
PLANNING AND ZONING HISTORY
This site has been zoned Rural Areas since the current Zoning Ordinance and Map were adopted in )
1980.
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The previous owner, Woodmen of the World Life Insurance, had a special use permit, SP 1995-
. 035, approved on September 25,1995, to operate an office in a Rural Areas districto Woodmen also
had a site development plan, SDP 1998-020, approved March 19, 1998.
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COMF REHENSIVE PLAN
land Use Plan: The Comprehensive Plan shows this parcel and the surrounding parcels as
Indust ial Service. The parcels on the east of Dickerson Road opposite the parcel are also
desigr ated industrial Service.
This p oposed rezoning to Light Industrial is in agreement with the Comprehensive Plan Land
Use d ~signation.
The d aft Places29 Master Plan currently shows these six parcels as part of the Airport District.
The nlext revision of the Framework Land Use Plan will change the designation to Light
Indust ial.
Open Space Plan: This map does not show any environmental features on this parcel that
would require preservationo Places29's Parks and Green Systems Map does not show any
trails, ~reenways, or natural features on this parcel.
The Nleighborhood Model: the staffs analysis is presented below.
The proposed business has only one existing building, so there is no
need for additional paths or sidewalks within the parcel. The
Comprehensive Plan indicates that urban roads should have sidewalks.
There are currently no sidewalks along this section of Dickerson Road,
and it is unclear when sidewalk improvements could be made. There are
no plans in the County's CIP for sidewalks in this area at this time. If
road improvements are constructed in this area in the future, the
priority would be to install sidewalks on the opposite (east) side of
Dickerson Road because of its proximity to the University of Virginia
Research Park and the Neighborhood Service Center proposed for the
east side of Dickerson Road in the draft Places29 Master Plan. In view of
the lack of sidewalks anywhere else in this area and the lack of places to
walk to, staff does not believe it is necessary to require the applicant to
provide a sidewalk.
This business is located independently of others and is not part of a
neighborhood. The only street in the area is Dickerson Road. As
discussed above under "Pedestrian Orientation," staff does not believe it
is necessary to require the applicant to provide a sidewalk and street
trees along Dickerson Road.
This is a one-parcel development, with no place for interconnections.
The proposed development will be served by an entrance on Dickerson
Road. This principle does not apply.
Pedestrian
Orier tation
Neig hborhood
Friel1 dly Streets
and )aths
Inter ::onnected
StreE ts and
Tran sportation
Networks
Park s and Open
Space
The proposed use is a small, single-use development that is maintaining
a significant landscaped buffer between the developed portion of the
site and the adjacent residential/commercial areas. .This principle is
met.
This development is not located in a proposed Center; the nearest..
proposed one shown on the P.laces29 Framework Land Use Plan is
across Dickerson Road adjacent to the University of Virginia Research
Park property. This principle does not apply.
Neig lborhood
Cent~rs
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Buildings and The existing building was constructed as a one-story office and meeting
Spaces of Human space. It is at a human scale. This principle is met.
Scale
Relegated Parking Parking for the proposed use is relegated to the side and rear of the
building, when viewed from Dickerson Road. This principle is met.
Mixture of Uses The subject property is a small, already developed site~ A single use is
proposed. The site is surrounded by residential uses, a commercial use
to the south, the Charlottesville-Albemarle Airport to the west, and
several industrial uses to the east across Dickerson Road. These
existing uses have developed independently and do not form a cohesive
mixed-use neighborhood. The proposed new use is compatible with
those around it. This princip'le is met.
Mixture of Housing The proposed development is industrial. No housing is proposed. This
Types and principle does not apply.
Affordability
Redevelopment The proposed development is using an existing building and making
only minor changes to the site. This principle is met.
Site Planning that The proposed development is making only minor changes to an existing
Respects Terrain developed site. Very minor grading may be necessary for the two
parking areas that are to be added. Otherwise, the applicant is
preserving the landscaped buffers and open space on the site. This
principle is met.
Clear Boundaries This project is well within the Development Area, so this principle does
with the Rural not apply.
Areas
STAFF COMMENT
Relationship between the application and the purpose and intent ofthe requested zoning
district: The following sections, shown in italic type, are excerpts from Section 27, Light Industrial,
of the Zoning Ordinance. Staff comments below each quotation are given in regular type:
LI districts are hereby created and may hereafter be established by amendment to the
zoning map to permit industries, offices and limited commercial uses which are compatible
with and do not detract from surrounding districtso
The proposed light industrial use,a roofing business, is the type of industry that is
appropriate in Light Industrial districts. There is a minimum size for Light Industrial districts
of 5 acres, unless the proposed district adjoins an existing industrial district meeting the 5-
acre minimum. Staff has determined that this parcel can adjoin the other existing light
industrial properties across Dickerson Road to meet the 5-acre minimum. This addition to
the district will be compatible with surrounding distrlcts;such as the Airporto
It is intended that LI districts may be established in areas having aI/ of the fol/owing
characteristics:
_ Areas served by water and sewer facilities Qr if such facilities are reasonably available;
The subject parcel is in an area that is not currently served by public water and sewer.
Although it is currently not in the jurisdictional area for water and sewer~ it is in the
Development Areas. When requested the Board Will act to amend the jurisdictional area
boundary to include this parcel and the five nearby parcels. All six df these small, fairly
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isolated parcels on the west side of Dickerson Road are served at this time by well and
septic systems.
The applicant's engineer has indicated that the cost of connection to both water and sewer
would be approximately $160,000 (see copy of letter, Attachment D). .
Both the applicant's engineer and the Health Department (see Attachment E) have indicated
that the well and septic system on the subject parcel are more than adequate for the
proposed use.
The applicant is proffering that he will connect to water and sewer when these are adjacent
to the subject property and, further, that he will not request a second use on the property
until it is connected to public water and sewer {see proffers in Attachment C)O
- Areas served by major highway, rail or air service, or secondary road improved to
standards approved by the county; and
The subject parcel has access from Dickerson Road that is adequate to serve the proposed
useo Since the parcel is small (2.644 acres), subsequent businesses are likely to be similar
in size and not involve a significant amount of additional traffic. The parcel is close to the
intersection of Dickerson and Airport roads and is close to US 29. The parcel is also very
close to the airport.
- Areas having clearly demonstrated suitability for intended uses with regard to physical~.
characteristics and relationship to surrounding development.
This proposed addition to the Light Industrial district is suitable for the intended use because
it is an appropriate size, it is industrial in nature, and it is compatible with surrounding useso
This portion of the Hollymead Development Area is intended for industrial uses because of
its proximity to the airport and the University of Virginia Research Parko
Staff elieves that the proposed rezoning meets the intent of the Light Industrial district.
need and justification for the change:
the process of preparing the Places29 Master Plan and of revising the County's Economic
pment Policy, consultants and staff have identified a definite need for Light Industrially zoned
prope y to serve as locations for this type of small, single-owner business. This need is outlined in
the dr ft Places29 Master Plan and in a memorandum prepared by the County's Business
Devel pment Facilitator.
The a ea adjacent to the northern portion of the airport property already has a significant amount of
Light I dustrial property on the east side of Dickerson Roado Since this parcel is inside the
Devel pment Areas, it is an appropriate location for rezoning to Light Industrial in order to further
the C unty's growth management goal of encouraging industrial developmenttolocate in the
Devel pment Areas.
Impa on Environmental, Cultural, and Historic Resources:
There are no environmental, cultural, or historic resources present on this propertyo Further, there
are no e on adjacent parcels that might be affected by the proposed rezoningo
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Anticipated impact on public facilities and services:
Streets: The impact of this proposed use on Dickerson Road and the surrounding street network is
minimal. Comments from VDOT are included as Attachment F.J
Schools: There are no residential uses proposed for this site, so there will be no impacts on County
schoolso
Fire and Rescue: The closest station is the Hollymead Fire/Rescue Station on Airport Road.
Utilities: Public water and sewer are not available to the site and the closest lines are at least 700
feet away. The well and septic system on the site are adequate for the proposed use. The applicant
has proffered to connect to public water and sewer when they become available nearby. Comments
from ACSA are included as Attachment G.
Anticipated impact on nearby and surrounding properties:
There are no anticipated impacts on surrounding properties. The applicant is constructing a privacy
fence to screen the trucks that will be parked on the property. Employee vehicles will be parked
there during the day as they were for the previous use as an insurance office and meeting facility.
The applicant intends to maintain the wooded buffer areas around three sides ofthe property, as .
shown on the application plan. .
Staff notes that the applicant will be required to submit to the County Engineer, as part of final site
plan approval, a Certified Engineer's Report describing the proposed operation, all machines,
processes, products, and by-products. This report will be reviewed and approved by the County
Engineer in accordance with Section 26.7, in order to assure compliance with section 4.14,
regarding performance standards for noise, vibration, glare, and air & water pollution.
)
PROFFERS
Attachment C contains the, current draft of the proffers. Wording changes are expected prior to the
Board of Supervisor's public hearing to address nonsubstantive matters. Individual proffers are
described below:
Proffer 1: Addresses the need to connect to public water and sewer when these utilities become
available in the vicinity of the subject parcel.
The County Engineer has suggested language that is better than staff's original suggestion
to the applicant. The Engineer's language adds adjacent public easements to the possible
location for water and sewer attachments and also removes the requirement that these
connections be shown on the site plan, since it is uncertain at this time exactly where the
connections would be made. .
The applicant has also indicated a willingness to proffer that a second use will not be
located on the site until water and sewer is availableo The current zoning would allow a
second use on the site and there is room for another use that is Similar in size.
Proffer 2: Lists current by-right uses that will only be permitted by special use permit.
Staff has redrafted this list so it is shown as part of the complete list of uses currently
permitted by-right and by special use permit. Uses shown in strikethrough type have been '\
changed so they will be available by special use permit. Staff recommends that the applicant J
us this format.
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. Proffe 3: Lists uses now available by special use permit in a Light Industrial district that will be
prohib ted in the proposed district.
Staff has incorporated these uses in the list described under Proffer #2 above. .
Iso requests an additional proffer to indicate that the applicant will develop the property in
I accord with the application plan.
SUM ARY
Staff h s identified the following factors, which are favorable to this rezoning request:
10 The County needs additional Light Industrially zoned property to accommodate uses
such as this one.
20 The subject property is designated for industrial use in the Comprehensive Plan.
3. The subject property is in the Development Areas, so a Rural Areas zoning district is
inappropriate.
4. The location proposed for this new district is appropriate because it is adjacent to other
Light Industrial districts and to the airport.
s found no factors unfavorable to this rezoning.
MENDATION
. Staff r commends approval of this rezoning from Rural Areas to Light Industrial, with the proffers
subje to modifications to address nonsubstantive matters discussed above.
ATTA HMENT A:
ATTA HMENT 8:
ATTA HMENT C:
A TT A HMENT 0:
ATTA HMENT E:
ATTA HMENT F:
ATTA HMENT G:
Location Map
Application Plan
Proposed Proffers
Letter from Engineer concerning water and sewer, dated
Dept. of Health report on well and septic systems (e-mail), dated
Comments from VDOT.
ACSA Comments
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Original Proffer
PROFFER FORM
Date of Proffer Signature:
ZMA# 2007-015
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Tax Map and Parcel Number(s): Tax Map 32, Parcel 9J1
2.64 Acres to be rezoned from Rural Area (RA) to Light Industrial (L1)
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily
proffers the conditions listed below which shall be applied to the property, if rezoned with the offered
plans approved for developmento These conditions are proffered as a part of the requested rezoning
and the Owner acknowledges that the conditions are reasonable.
1) The final site plan shall show connections for County water and sewer service that will allow for
future connection to each of these services within one year from the time the service is
available on the frontage of TMP 32-9J1 along Dickerson Road. A note describing those
connections shall be included on the final site plan.
2) Under the light industrial zoning designation, the following permitted uses by right under
Section 27.2.1 shall be by special use permit:
a) Compounding of drugs; including biological products, medical and chemical as well
as pharmaceutical.
b) Manufacture, processing and fabrication of:
i) Electrical and electronic equipment and components including radio,
telephone, computer, communication equipment, lV receiving sets,
phonographs.
ii) light machinery and machine parts, including electrical household
appliances but not including such things as clothes washers, dryers and
refrigerators.
iii) Photographic equipment and supplies including processing and
development plant.
3) Under the light industrial zoning designation, the following uses by special use permit under
Section 27.2.2 shall not be permitted:
a) Body shops.
b) Towing and storage of motor vehicles.
Owner Signature
Printed Name of Owner
Date
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Attachment C
A /
~OM : WGE
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FAX NO. :4349739762
Oct. 16 2007 01:52PM Pi
WAyNE GEN1R~. ENTERPRlSES,TI:lC.,__..__ .'0.....0. ,......, ,""".0."--"--"
'775 Brldlepath'Oc. ..
.Earlysville, VA 22936
434~973-1 069 .
Fax~43~973~9702
.cen- 434-S31-03~6 .
October 16.2007
DTG Enterprise
. .
After examining the property. on Dickerson Road, that you recently purchased, formerly known as
the Woodsmen of the World building, we wm-e able to locate the septic system, the distnbution
box, and the' drain field area.
We fOWld that you have a 1250 gallon septic tank and adjacent'to that tank is a 1.250 gallon
holding tank. Out of the holding tank the liquid goes to the Distribution Box which is a #20 D-
box- You have eight 10.0' ditches, three foot wide; nine feet on center. four going south and four
~oing north for your drain field.
All appear to be in perfect working ord~.
The Health Department has no record of well. The well tested out at five gallons/minute. This is
more than adequate to handle you and your employees.
In order to hook .up to the county sewer BIld water you would be requiTed to ins,tall three manholes.
approximately 700' of eight inch sewer pipe and bOTe under Dickerson Road. The same would be
true for the water system connection. You would have to bOTe under Dickerson Road.
The. cost to install new s~er and water line work - $160,000.00
All of this has [0 be approved by Albema.rle Co. and the Board ofSupcrvisors.
In addition to their approval,' you will also have the expense of the architectural plans and
drawings 0 ..
Sincerely,
Wayne Gentry
Wayne Gentry E1lIerprises. Inc.
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Attachment D.,.:
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Page 1 of2
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Wiegand
Joshua Kirtley [Joshua.Kirtley@vdh.virginia.gov]
Monday, October 22,200712:57 PM
.Judith Wiegand
Subj ct: . Re: RE: RE: RE: DTG Dickerson Road Rezoning Issue
Foil w Up Flag: Follow up
Flag Status: Red
Judith,
I got t e new packet with the letter from Wayne Gentry Enterprises. Based on our records, we have
issued Operations Permit (Nov. 10, 1998) which allows for the use and disposal of 1170 gallons
of sew ge effuent per day. The permit HD ID 101-98-0148 was for 90 people per day with an estimated
water sage of 13 gallons per person per day. Please note that this doesn't take into account any type of
food p eparation but instead is' based solely on toilet and hand washing facilities. Based on the numbers,
as Ion as Mr. Giacalone doesn't go over 90 people per day and as long the effluent remains residential
stren , then he should be okay.
s the water supply is concerned, we issued an Operations Permit for a Class IIIC Water
Suppl (Nov. 10, 1998). All of the paper work seems to match up so there shouldn't be any issues with
the wa er supply.
. Please let me know if you have any questions or require additional informati~n.
Josh K rtley
Enviro ental Health Specialist Senior
1138 ose Hill Drive
Charlo esville, VA 22903
(434) 72-6259
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Attachment E...,...-t'"
David S. Ekern, P.E.
COMMISSIONER
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
1601 Orange Road
Culpeper, Virginia 22701
VirginiaDOT.org
September 7th, 2007
Mr. John Shepherd
Dept. of Planning & Community Development
401 McIntire Road
Charlottesvilie, V A 22902
RE: Special Use Permits and Rezoning Submittals
Dear Mr. Shepherd:
Below are VDOT's comments for the September 2007 Rezoning and Special Use Permit
applications:
SP-2007-00028 SP-2007-00029 Faith Christian Center IntI. / Church and Dav Care (Scott
Clark)
. Comments were provided for ZMA-2007-00028 from VDOT on this site requiring a TIA
to be completed.
SP-2007-00037 Informed Simplifications LLC (Joan McDowell)
. No comments.
SP-2007-00038 Carrsbrook (ATC) - Verizon Tier III PWSF (david Pennock)
. Sight distance at entrance to route 29 needs to be verified and shown.
SP-2007-00040 Livin!! Stones Church (Scott Clark)
. Entrance and any necessary improvements to the road need to be evaluated with the site
plan according to the trips generated and the existing traffic.
ZMA-2007-00013. Fontaine Research Park (Elaine Echols)
. A full TIA is needed for partial and full build out to adequately address impacts.
. Any reduction for transit above what is permitted by VDOT needs documented support to
why the reduction should be higher.
. The plan does not address the counties Area "B" Study and how it is implemented.
. The plan appears to be grading over Stribbling Ave. which is a state road.
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Attachment FI' ......-
. ZMA-2007-00014 Liberty Hall (Rebecca Ral!sdale)
. There is no proposed increase in density and the plan has already been accepted by
VDOT. We have no comments on the change in zoning.
ZMA-2007-00015. DTG-Dickerson Road (Judv Wiel!and)
. A commercial entrance and adequate sight distance is needed.
If you have any questions, please let me know
Sincerely,
Joel DeNunzio, P.E.
Staff Engineer
VDOT Charlottesville Residency
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September 2007 SP and ZMA comments
Page 1 of3
Judith Wiegand
From: Denunzio, Joel D., P.E. [JoeI.Denunzio@VDOT.virginia.govj
Sent: Tuesday, September 11, 2007 3:27 PM
To: Judith Wiegand
Subject: RE: September 2007 SP and ZMA comments
'I
Judy,
We checked out the entrance and an adequate commercial entrance with enough sight distance is already in
place.
Thanks,
Joel
Joel DeNunzio, P.E.
Staff Engineer
434-293-0011 Ext. 120
joel. denu nzio@VirginiaDOT.org
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DTG Dickerson Road ZMA 2007-00015
. Judith Wiegand
From: Gary Whelan [gwhelan@serviceauthority.org]
Sent: Wednesday, September 05,200710:56 AM
To: Judith Wiegand
Subject: DTG Dickerson Road ZMA 2007-00015
Follow Up Flag: Follow up
Flag Status: Red
Judy,
This project is not in the ACSA jurisdictional area for water and sewer service. We have no comment.
-Gary
G. Mo Whelan, LS
Civil Engineer
Albemarle County Service Authority
168 Spotnap Road
~CharlOfteSvme, VA 22911
(434) 977-4511
Fax: (434) 979-0698
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Page 1 of 1
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Attachment G
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Original Proffer _X_
Amendment
Date of Proffer Signature:
PROFFER FORM
I"Z-/JD /07
, /
ZMA 2007-015
Tax Map 32, Parcel 9Jl
2.64 Acres to be rezoned from Rural Areas (RA) to Light Industrial (U)
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner
hereby voluntarily proffers the conditions listed below which shall be applied to the
property, if rezoned with the offered plans approved for development. These
conditions are proffered as a part of the requested rezoning and the Owner
acknowledges that the conditions are reasonable.
1. The Property shall be developed in accord with the "Zoning Map Amendment
Plan," dated October 30, 2007, except that the Owner may expand the
existing building by up to 2,000 additional square feet to the rear in order to
provide additional storage space for a maximum building size of 6,000
square feet, and may relocate the fenced parking area now shown behind the
existing building to the west end of the existing parking lot.
2. The Owner shall connect to public water and sewer within one year after each
of these services becomes available either along the Dickerson Road frontage
of TMP 32-9J1 or within a public easement adjacent to TMP 32-9J1. Until the
applicant has connected to public water and sewer, the use of the Property
shall be limited to a single use permitted by Proffer 3.
3. The use of the Property shall be limited to those uses allowed by right under
Section 27.2.1 (2), (4), (5), (6), (9), (11), (12), (13), (14), (17), (18) and
(19) of the Zoning Ordinance of Albemarle County, Virginia as that Section is
in effect on December 12, 2007, a copy of which is attached hereto as Exhibit
A.
Owner/Applicant:
DTG Enterprises LLC
BY:~ f~d.d
Darren P. Giacalone
Owner/Applicant's Address:
925 Madison Drive
Earlysville, VA 936. . ~
.J. ~
Y L. "Giacalone
KATHRYN REDIW
NOTARY D # 7116568
NOTARY PUBUC
COMMONWEALTH OF VIRGINIA
l MY COMMISSION EXI'IRES NOVEMIII ao. 2011,
_ 0 _ aJ P. . . . _ /J ~ All 1'1. ,-
Attachment III
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ZMA 2007-015 DTG Dickerson Road Proffers, January 16,2008
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27.2 PERMITTED USES
j EXHIBIT A
27.2.1 BY RIGHT
Except as otherwise limited by section 2722.1 0, the following uses shall be permitted in any LI district subject to
the requirements and limitations of these regulations: (Amended 2-13-85)
10 Compounding of drugs, including biological products, medIcal and chemical as well as pharm~ceutiCal.
2. Fire and rescue squad stations (reference 501.9).
3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to: (Amended
12-2-81; 2- 20-91)
-Artists' supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
-Drafting supplies and equipmento
-Electrical lighting and wiring equipmento
-Electrical and electronic equipment and components including radio, telephone, computer, communication
equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beveragcs, including bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controlso
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but not including such things as
clothes washers, dryers and refrigerators.
-Musical instruments. ')
-Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and containers.
-Photographic equipment and supplies including processing and developing plant.
-Rubber, metal stampso
. -Small electrical parts such as coils, condensers, transformers, crystal holders..
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
4. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals and books.
5. Preparation of printing plates including typesetting, etching and engraving.
6. Research and development activities including experimental testing.
70 Scientific or technical education facilities.
8. Assembly and fabrication oflight aircraft from component parts manufactured off-site.
9. Contractor's office and equipment storage yardo
10. Engineering, engineering design, assembly and fabrication of machinery and componcnts, including such on-site
accessory uses as machining, babbitting, welding and sheet metal work and excluding such uses as drop hammering
and foundryo (Amended 10-3-01)
110 Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution oflocal service and owned and operated by a public
utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by
the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law.
(Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds
and roads funded, owned or operated by local, state or federal agencies (reference 3125); public water and sewer
transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the "
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12)0 (Amended 11-1-89) )
13. Temporary construction uses (reference 5.1.18).
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ZMA 2007-015 DTG Dickerson Road Proffers, January 16,2008
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14. Business and professional office buildingso
15. Dwellings (reference 5.1.21). (Added 4-17-85)
16. Temporary nonresidential mobile homes (reference 5.8)0 (Added 3-5-86)
17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other volatile
materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which could
be hazardous to life in the event of accidento (Added 12-2-87)
18. Stonnwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)
190 TierI and TierII personal wireless service facilities (reference 5.1.40). (Added 10-13-04) (~272.1, 12-10-80,
12-2-81,2-13-85,4-17-85,3-5-86,12-2-87,11-1-89, 5-12-93; Ord. 01-18(6),10-3-01; Ord. 02-18(6),10-9-02; Ord.
04-18(2), 10-13-04)
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