HomeMy WebLinkAboutZMA201300014 Action LetterAMENDED AND RESTATED
PROFFER STATEMENT
NEIGHBORHOOD INVESTMENTS - NP, LLC
ORIGINAL REZONING APPLICATION: #ZMA-2000-009, SP -2002-72
REZONING APPLICATION: 4ZMA 2013-00014
PERTAINING TO TAX MAP AND PARCEL NUMBER 32-22k
March 25, 2014
With respect to the property described in rezoning application #ZMA-2000-009,
and SP - 2002-72 (the original "ZMA"), CWH Properties Limited Partnership is the fee simple
owner and North Pointe Charlottesville, LLC is the contract purchaser of Tax Map 32,
Parcels 20, 20A, 20AI, 20A2, 20A3 and 291 (the "North Pointe Property"), and Violet Hill
Associates, L.L.C. is the fee simple owner of Tax Map 32, Parcels 23, 23A, 23113, 23C, 2311), 23E,
2317, 23G, 23H and 23J (the "Violet Hill Property"), and Neighborhood Investments - NP, LLC
is the fee simple owner of Tax Map 32, Parcel 22K (Parcels 22H and 22K have been combined
into a single Parcel 22K) (the "Neighborhood Investments Property"). Unless otherwise noted,
the respective parties are individually and collectively referred to herein as the "Owner", which
term shall include any successors in interest. The term Owner shall refer to the specific owner of
the Neighborhood Investments Property, the North Pointe Property or the Violet Hill Property
when a proffered condition relates to a specific property, and the term Owner shall refer to the
owners of the respective properties collectively whenever a proffered condition relates to all the
properties subject to this zoning map application. The North Pointe Property, the Violet Hill
Property, and the Neighborhood Investments Property are referred to collectively as the
"Property," unless otherwise noted.
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner
hereby voluntary proffers the conditions listed in this Amended and Restated Proffer Statement,
which shall be applied to the North Pointe Property if this ZMA is approved by Albemarle
County. These conditions are proffered as part of the ZMA and it is agreed that: (1) the ZMA
itself gives rise to the need for the conditions, and (2) such conditions have a reasonable relation
to the rezoning requested.
This Amended and Restated Proffer Statement shall relate to the multi-page
application plan entitled "North Pointe Community", prepared by Keeney & Co., Architects, as
revised through June 13, 2006 and attached hereto as Exhibit A (the "Application Plan"), and the
Albemarle County Code in effect as of the date of the Original Proffer Statement (the "County
Code"). The North Pointe Community shall be referred to as the "Project."
I. THIS SECTION INTENTIONALLY DELETED
ENTRANCE CORRIDOR
2.1 Creation of a 40-Foot Buffer along the Entrance Corridor. Within six (6)
months after the acceptance by the Virginia Department of Transportation ("VDOT") of the
Road Improvements as defined in Section 5.3 that are along the northbound lanes of U.S.
Route 29, Owner shall plant and thereafter maintain at all times a landscaped buffer, including
hedgerows, along the Entrance Corridor frontage parcels owned by Owner. The buffer will
consist of a minimum 40-foot wide continuous visual landscape area that shall be subject to
Albemarle County Architectural Review Board ("ARB") review and approval (the -Buffer").
The Buffer may be located partly on the Owner's property and partly on VDOT property. In the
event VDOT at any time in the future reduces any portion of the Buffer located on VDOT
property, the Owner shall compensate for such reduction by extending the Buffer on Owner's
property in order to maintain a minimum 40-foot Buffer, even if such compensation shall require
the removal of parking adjacent to such Buffer.
2.2 Appearance of Storm Water Management ("SWM") Facilities. The SWM
facilities visible from the Entrance Corridor identified on the Application Plan (stormwater
management facilities 1, 2, and 10) shall be shown on a plan and be subject to ARB review and
approval. SWM I shall be designed such that its shape, placement, and land form (grading)
transition between the adjacent conservation area and the adjacent hard edge of the parking lot
and buildings. The plan for SWM I shall be submitted to the ARB with the first ARB
submission for Building 14 or 19 identified on Sheet B to the Application Plan ("Sheet B"), or
any such building that is proposed to be located where Building 14 is located on Sheet B
pursuant to the terms of Section 3.2. SWM 2 shall have a more structured appearance than
SWM 10 (see below) and shall be designed such that its shape, placement, and land form
(grading) transition between the adjacent conservation area and the adjacent hard edge of the
parking lot and buildings. The plan for SWM 2 shall be submitted to the ARB with the first
ARB submission for any of Buildings 26 through 31. SWM 10 shall be designed such that its
shape, placement, and land form (grading) are integral with the adjacent conservation area. The
plan for SWM 10 shall be submitted to the ARB at the time road plans are submitted to the
County and VDOT for Northwest Passage.
111. DENSITIES
3.1 Total Buildout. The total number of dwelling units within the Project shall not
exceed eight hundred ninety-three (893). Subject to Section 3.2, the building footprints and gross
floor areas of commercial, office, and other uses, and the building footprints of hotels shall not
exceed those set forth in the Land Use Breakdown Table on Sheet A to the Application Plan
("Sheet A'").
3.2 Limited Adjustments to the Elements of the Application Plan. The gross floor
area of the buildings used for commercial, office, other uses, and hotels shown on Sheet A may
be adjusted within a range of up to ten percent (10%), provided that the maximum gross floor
area for each category of uses shown on Sheet A is not exceeded. The footprints of Buildings 6,
14 and 36 as shown on Sheet A can be interchanged. Notwithstanding the terms of this
Section 3.2 to the contrary, Building 14 shall not initially exceed 88,500 square feet, provided,
however, that after two years following the issuance of the certificate of occupancy for
Building 14, Building 14 may be adjusted within a range of up to ten percent (10%), and if
Building 14 is located in the location shown on Sheet B, any such expansion shall be located to
the east so that the additional space is located along North Pointe Boulevard. Notwithstanding
the terms of this Section 3.2 to the contrary, but subject to the provisions of Section 8.1, the
County may authorize Building 21 as shown on Sheet A to be adjusted by more than ten percent
(10%).
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IV. STORMWATER MANAGEMENT AND STREAM BED CONSERVATION
4.1 Flood Plain. The area of the 100 -year flood plain within the Project shall remain
undisturbed except for road crossings, public utility facilities and their crossings, and pedestrian
and biking trails, and only to the extent such exceptions are permitted by County ordinances and
regulations. Upon the request of the County, Owner shall provide a survey and prepare the
necessary documentation and dedicate the land within such flood plain to the County.
4.2 Stormwater Management Plan. The stormwater/best management practices
("BMP") plan for the Project shall be prepared, and all stormwater management facilities for the
Project shall be designed and constructed, to accommodate all current stormwater discharge from
Tax Map Parcel 032AO-02-00-00400 (Northwoods Mobile Home Park Development) and from
the existing developments on the northeast and northwest corners of Proffit Road and U.S.
Route 29, specifically the following parcels shown on the current Albemarle County tax maps:
tax map 32, parcels 38, 38A, 39, and , 39A- tax map 32A
I parcels 2-1, 2-IA, 2-lAl, 2-113, 2-IC
and 2-11). The stormwater management facilities shall mitigate the stormwater quality and
quantity impacts, for the stormwater generated both within the Project and for such existing
offsite conditions as described herein, as though the entire preexisting condition of the drainage
area is an undeveloped wooded site and is being developed to the existing off-site conditions and
the proposed on-site conditions. In addition, biofilters shall comprise a minimum of thirty-three
and one-third percent (33 1/3%) of the total required parking lot landscaped areas within the
"Commercial Area" of the Project, as such Commercial Area is delineated on Sheet G of the
Application Plan ("Sheet G").
4.3 Erosion and Sediment Control,
(a) The Owner shall, to the "maximum extent practicable", provide such
additional appropriate erosion and sediment control measures that exceed State and Local
minimum standards. If there is a disagreement regarding whether the standard of "maximum
extent practicable" is satisfied, the Virginia Department of Conservation and Recreation will be
provided an opportunity to review and advise on such question.
(b) Post-Construction Stormwater Management: The Owner shall, to the
maximum extent practicable, provide post-construction stormwater BMPs that are designed to
achieve an average annual sediment removal rate of 80% as published by the Center for
Watershed Protection in Article 64 of The Practice of Watershed Protection (2000 edition).
These will include, but are not limited to, bioretention, bioretention filters and wet retention
basins.
4.4 Stream Buffer and Restoration:. Upon the commencement of the applicable
comment period, the Owner shall notify the County and provide the County with a copy of any
application(s) to the U.S. Army Corps of Engineers and/or DEQ for any stream disturbance. In
addition, if necessary, after first looking on-site for mitigation opportunities available to satisfy
the permitting process, the Owner shall contact the County for a list of off-site opportunities
within Albemarle County for such mitigation, and shall look for such mitigation opportunities
off-site.
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V. TRANSPORTATION
5.1 Internal Street Construction Standards. Public streets, which in any event
shall include at least Leake Road, North Pointe Boulevard, Northside Drive East and Northwest
Passage, shall be (i) constructed in accord with the illustrative urban design cross sections shown
on Sheet D -1 to the Application Plan ( "Sheet D -1 ") and also in accordance with VDOT design
standards pursuant to detailed plans agreed to between Owner and VDOT, and (ii) dedicated for
public use and offered for acceptance into the state highway system. Trees (with a maximum
spacing of fifty (50) feet), landscaping and sidewalks as shown on Sheet D -1 shall be installed
and maintained by the Owner in accordance with County or VDOT standards, unless VDOT or
the County agrees in writing to assume this responsibility.
5.2 Timing of Completion for Internal Streets. Before issuance of certificates of
occupancy, Owner shall complete that segment of an internal street as shown on Sheet D -1
within the Project which serves the building or residence for which a certificate of occupancy is
sought with at Least the stone base and all but the final layer of plant -mix asphalt. The final layer
of plant -mix asphalt shall be installed within one (1) year following the issuance of the first
certificate of occupancy for a building or residence served by the affected street segment.
5.3 Road Improvements. Owner shall design and construct all of the road
improvements referenced in Sections 5.3.1(a), 5.3.1(b) and 5.3.1(e) below, which are also shown
on Sheet D -1 to the Application Plan and on Sheet E to the Application Plan entitled "External
Road Improvement Plan" ( "Sheet E ") (collectively, the "Road Improvements "), unless such
Road Improvements are first constructed or bonded by others. The various phases of the Road
Improvements are also shown for illustrative purposes on a color -coded copy of Sheet B that is
attached hereto as Exhibit B. Owner shall dedicate to public use any required right -of -way that it
now or hereafter owns in fee simple. For purposes of this Section 5.3, the use of the term "road"
as it applies to internal streets shall also have the same meaning as the word "street" in the
Albemarle County Subdivision Ordinance (Chapter 14 of the Albemarle County Code) where
applicable.
5.3.1 Design and Phasing. All Road Improvements shall be designed and phased as
follows:
Design. The Road Improvements shall be shown on detailed road plans satisfying
VDOT design standards which shall be submitted by the Owner for review and, when
satisfactory, approved by VDOT and the County (except for the Road Improvements to U.S.
Route 29, which shall be subject only to VDOT approval) (hereinafter, the "Approved Road
Plans "). The Approved Road Plans shall show the width and length (except as specified in
Sections 5.3.1(a)(1)(ii) and (v) and Section 5.3.1(b)(1)(i)), location, type of section, and
geometries of all lane improvements as required by VDOT design standards. All of the Road
Improvements shall be constructed in compliance with the Approved Road Plans. The Road
Improvements to U.S. Route 29 shall be based on the then - current VDOT design speed and
cross -slope requirements. Notwithstanding the provisions of this paragraph to the contrary, in
the event that the internal residential street designs as shown on Sheet D -1 are not accepted by
VDOT, the Owner shall submit detailed road construction plans for such streets to the County for
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review and, when satisfactory, approval, subject also to the County's approval of private streets
under the Subdivision Ordinance (Ch. 14 of the Albemarle County Code).
Phasing. The Road Improvements shall be constructed and completed in three
phases as set forth below:
(a) Phase I Road Improvements. Prior to approval of the first commercial
subdivision plat or site plan within the Project, Owner shall obtain all associated permits and post
all associated bonds required for the construction of the following (collectively, the "Phase I
Road Improvements"):
(1) Southernmost Entrance on U.S. Route 29:
(1) U.S. Route 29 Southbound — correction of the vertical
curvature in the roadway just north of the entrance.
(ii) U.S. Route 29 Southbound — construction of a continuous
12 foot wide through lane (with shoulders or guard rail as required by VDOT) starting at a point
that is 1000 feet north of the southernmost entrance and extending south to Airport Road.
(iii) U.S. Route 29 Southbound — construction of dual left turn
lanes with taper at the crossover.
(iv) U.S. Route 29 Southbound — construction of right turn lane
with taper to serve northernmost entrance to SR 1515.
(v) U.S. Route 29 Northbound — construction of a continuous
12 foot wide through lane (with shoulders or guard rail as may be required by VDOT) extending
from Proffit (Airport) Road (Route 649) to the Northwest Passage entrance.
(vi) U.S. Route 29 Northbound — construction of a right hand
turn lane at the Southernmost entrance, the geometries of which will be subject to VDOT
approval.
(vii) U.S. Route 29 Northbound — construction of left turn lane
with taper into SR 1515.
(viii) SR 1515 Eastbound construction and/or restriping to
provide left turn lane with taper.
(ix) Installation of a traffic signal with 8 phase timing, video
detection and associated intersection improvements at the intersection with U.S. Route 29.
(x) Close existing crossover at U.S. Route 29 and
Southernmost Entrance to SR 1515.
and U.S. Route 29.
(xi) Proposed Entrance Road between North Pointe Boulevard
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(2) North Pointe Boulevard, Leake Road and Proffit Road:
(i) Leake Road and North Pointe Boulevard, in accordance
with the design cross-sections shown on Sheet D-1, from Proffit Road to either Northside Drive
East or, if Northside Drive East has not vet been constructed to the roundabout at North Pointe
Boulevard, North Pointe Boulevard shall be extended to Northwest Passage. The Owner shall
provide a fifty (50) foot public right-of-way along Leake Road and shall construct a two-lane
public street to be accepted by VDOT and as much of the other improvements shown on the
cross-sections as possible within the available right-of-way as reasonably determined by the
County Engineer.
(ii) The roundabout, or such other improvements as may be
approved by VDOT and the County, at the intersection of Leake Road and Proffit Road shown
on Sheet B and an additional westbound right turn lane on Proffit Road from Leake Road to U.S.
Route 29 as shown on Sheet E. In addition, for property acquisition that is required for the off-
site public right-of-way for construction of the improvements required by this
Section 5.3. 1 (a)(2)(ii), the Owner shall make a cash contribution or provide a letter of credit in a
form approved by the County Attorney for such purpose in the amount as deemed necessary for
the property acquisition by the County Attorney, provided that such amount shall not exceed one
hundred fifty percent (150 %) of the County's fair market value appraisal prepared for acquisition
and condemnation purposes. The cash contribution or letter of credit described in this
Section 53.1(a)(2)(ii) shall be used to pay for the total cost of the right of way acquisition. The
total cost of the right of way acquisition for the off-site property necessary to construct the
improvements required by this Section 5.3. 1 (a)(2)(ii) shall include the normal costs associated
with acquiring land, buildings, structures, easements and other authorized interests by
condemnation or by purchase including, but not limited to, land acquisition, engineering,
surveying, and reasonable attorneys fees. The cash contribution or the letter of credit shall be
provided by the Owner within thirty (30) days upon request by the County. If the property is
acquired by purchase, the contribution for the purchase price shall not exceed one hundred fifty
percent (150%) of the County's fair market value appraisal prepared for condemnation purposes
without the consent of the Owner. If the cost of the right of way acquisition exceeds the amount
previously contributed, then the Owner shall reimburse the County all such excess costs within
thirty (30) days upon request by the County. The County shall refund to the Owner all excess
contributions upon completion of the land acquisition.
(iii) Intentionally Omitted
(iv) An additional through lane eastbound on Proffit Road from
U.S. Route 29 to the roundabout at the intersection of Leake Road and Proffit Road. In addition,
for property acquisition that is required for the off-site public right-of-way for construction of the
improvements required by this Section 53. 1 (a)(2)(iv), the Owner shall make a cash contribution
or provide a letter of credit in a form approved by the County Attorney for such purpose in the
amount as deemed necessary for the property acquisition by the County Attorney, provided that
such amount shall not exceed one hundred fifty percent (150%) of the County's fair market value
appraisal prepared for acquisition and condemnation purposes. The cash contribution or letter of
credit described in this Section 5.3. I (a)(2)(1v) shall be used to pay for the total cost of the right of
way acquisition. The total cost of the right of way acquisition for the off-site property necessary
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to construct the improvements required by this Section 53. 1 (a)(2)(iv) shall include the normal
costs associated with acquiring land, buildings, structures, easements and other authorized
interests by condemnation or by purchase including, but not limited to, land acquisition,
engineering, surveying, and reasonable attorneys fees. The cash contribution or the letter of
credit shall be provided by the Owner within thirty (30) days upon request by the County. If the
property is acquired by purchase, the contribution for the purchase price shall not exceed one
hundred fifty percent (150%) of the County's fair market value appraisal prepared for
condemnation purposes without the consent of the Owner. If the cost of the right of way
acquisition exceeds the amount previously contributed, then the Owner shall reimburse the
County all such excess costs within thirty (30) days upon request by the County. The County
shall refund to the Owner all excess contributions upon completion of the land acquisition.
Completion of the Phase I Road Improvements. Within fifteen (15) months
after the issuance of the first building permit for a commercial building within the lands subject
to the first commercial subdivision plat or site plan within the Project, or prior to the issuance of
a certificate of occupancy for such building, whichever is earlier, all of the Phase I Road
Improvements shall be accepted by VDOT for public use or bonded for VDOT's acceptance if
such Road Improvements are a primary highway, or accepted by VDOT for public use or bonded
to the County for VDOT's acceptance if such Road Improvements are a secondary highway.
(b) Phase 11 Road Improvements. Prior to approval of the first site plan that
would authorize the aggregate commercial, office and hotel gross floor area as shown on Sheet A
within the Project to exceed two hundred ninety thousand (290,000) square feet, Owner shall
obtain all associated permits and post all associated bonds required for the construction of the
following (collectively, the "Phase 11 Road Improvements"):
(1) Middle Entrance on U.S. Route 29 (Northside Drive East/
SR 1570):
(i) U.S. Route 29 Southbound — construction of a continuous
12 foot wide through lane (with shoulders or guard rail as may be required by VDOT) starting at
a point that is 1000 feet north of the Middle Entrance and extending to the point where it
connects with the portion of the lane constructed pursuant to Section 5.3. 1 (a)(1)(ii).
(ii) U.S. Route 29 Southbound - construction of dual left turn
lanes with taper,
(iii) U.S. Route 29 Southbound — construction of a right turn
lane with taper.
(iv) U.S. Route 29 Northbound — construction of a right hand
turn lane at the Middle Entrance, the geometries of which will be subject to VDOT approval.
(v) U.S. Route 29 Northbound — construction of left turn lane
with taper.
(vi) SR 1570 Eastbound — construction of or restriping of lanes
to result in separate left, through and right turn movements.
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(vii) Entrance road Westbound — installation of a traffic signal
with 8 phase timing, video detection and associated intersection improvements on U.S. Route 29.
(viii) Existing crossover at Cypress Drive — construction to close
the crossover.
(ix) Frontage road from Cypress Drive to SR 1570 —
construction of a public street to serve properties currently accessing U.S. Route 29 through
Cypress Drive.
(2) Northside Drive East between U.S. Route 29 and North Pointe
Boulevard as shown on Sheet D- 1.
Completion of the Phase 11 Road Improvements. Within fifteen (15) months
after the issuance of the first building permit for a building within the lands subject to the first
subdivision plat or site plan that would authorize the aggregate commercial, office and hotel
gross floor area as shown on Sheet A within the Project to exceed two hundred ninety thousand
(290,000) square feet, or prior to the issuance of a certificate of occupancy for any building that
causes such gross floor area to exceed two hundred ninety thousand (290,000) square feet,
whichever is earlier, all of the Phase 11 Road Improvements shall be accepted by VDOT for
public use or bonded for VDOT's acceptance if such Road Improvements are a primary
highway, or accepted by VDOT for public use or bonded to the County for VDOT's acceptance
if such Road Improvements are a secondary highway.
As it relates to the Neighborhood Investments Property, Proffer 5.3.1(c) is
replaced and amended as set forth below:
(c) Phase III Road Improvements. Prior to approval of a subdivision plat or
site plan for any development of the Neighborhood Investments Property or any portion thereof,
Owner shall obtain all associated permits and post all associated bonds required for the
construction of the following road improvements (collectively, the "Phase III Road
Improvements") to the extent any such road improvements have not already been completed:
(1) Northernmost Entrance (opposite Lewis & Clark Drive) on U.S.
Route 29:
(i) U.S. Route 29 Southbound — construction of left turn lane
with taper.
(ii) Northwest Passage from U.S. Route 29 to the south
property line of Tax Map 32, Parcel 22K as shown on the Application Plan.
(iii) U.S. Route 29 Northbound — construction of a right hand
turn lane, the geometries of which will be subject to VDOT approval.
(iv) If the traffic signal to be constructed by others is in place
prior to Owner commencing work on this Northernmost Entrance, and such traffic signal only
includes three legs, Owner shall add the fourth leg to the signal, which shall include additional
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mast arms, signal heads and ancillary equipment necessary to support Northwest Passage's use
of the intersection, as determined by VDOT. If such traffic signal is not in place and the
vehicular traffic generated by the Project causes the VDOT signal warrants to be met, and VDOT
requires that a traffic signal be installed as a condition of the entrance permit, Owner shall install
such traffic signal.
(2) Within twelve (12) months after issuance of the building permit for
construction of the elementary school on the School Lot, and if not already completed, Owner
will complete the improvements set forth in Section 53. 1 (c)(1) above.
Completion of the Phase III Road Improvements. Within twelve (12) months
after the occurrence of the applicable event in Section 53.1(c) which required the Owner to
obtain all associated permits and post all associated bonds required for the construction of the
Phase III Road Improvements, all of the Phase III road improvements shall be accepted by
VDOT for public use or bonded for VDOT's acceptance if such Road Improvements are a
primary highway, or accepted by VDOT for public use or bonded to the County for VDOT's
acceptance if such Road Improvements are a secondary highway.
53.2 Upon request by the County, Owner shall make a cash contribution to the County
or VDOT for the cost of a cable or wireless radio system that will link one or more of the signals
between Lewis and Clark Drive and Airport Road; provided, however, that the total cash
contribution shall not exceed thirty-five thousand dollars ($35,000). Subject to matters of force
majeure, if the County does not request the funds, or does request the funds but the construction
of the system does not begin by the later of December 31, 1, 2010 or three (3 )) years after
completion of all of the Road Improvements, said funds shall be refunded to the Owner.
5.3.3 Prior to the approval of plans for improvements at any U.S. Route 29 intersection,
Owner shall provide VDOT traffic signal network timing plans that VDOT finds acceptably
address the impacts of the proposed traffic signals for peak traffic periods.
5.3.4 Regional Transportation Study; Cash Contribution. THIS PROEM HAS
BEEN SATISFIED. Upon request by the County, Owner shall make a cash contribution of one
hundred thousand dollars ($100,000) to the County for the purposes of funding a regional
transportation study for the Route 29 corridor, which includes the South Fork and North Fork of
the Rivarma River and the Hollymead Grovah Area of which North Pointe is a part. The
contribution shall be made within thirty (3 )0) days after requested by the County anytime after the
rezoning is approved. If the request is not made within one (1) year after the date of approval of
the first final site plan for the first commercial building within the Project, this proffer shall
become null and void. If such cash contribution is not expended for the stated purpose within
three (3) years from the date the funds were contributed to the County, all unexpended funds
shall be refunded to the Owner.
V1. OPEN SPACE AREAS AND GREENWAY
6.1 Pedestrian Pathways. All pedestrian pathways shall be classified as shown on
the Pedestrian Pathway Key on Sheet G and, except for the pathways to be constructed by the
County, shall be shown on the subdivision plat or site plan for the underlying or adjacent lands
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within the Project. The pathways shall be constructed by Owner as Class A or Class B trails as
identified on Sheet G, and in accordance with the applicable design and construction standards in
the County's Design Standards Manual. Such construction shall be in conjunction with the
improvements for the subdivision plat or site plan, as the case may be, and bonded with the
streets if the pathways are a subdivision improvement, or with a performance bond if the
pathways are a site plan improvement. The pathway shown on Sheet G along Flat Branch north
and south of Northside Drive East shall not continue through a culvert if a culvert is used for the
stream crossing. The pathway intended for the culvert between Park E and Park F under North
Pointe Boulevard shall conform to the applicable standards in VDOT's "Subdivision Street
Guidance" and Owner shall maintain the pathway if it is not accepted by VDOT for
maintenance.
6.2 Lake. Upon request by the County, Owner shall dedicate to the County the lake
shown on the Application Plan for public use, provided that such lake will be available for use by
Owner for stormwater management as described in Sheet C to the Application Plan entitled
"Stormwater Management and Stream Conservation Plan" ("Sheet C").
VII. THIS SECTION INTENTIONALLY DELETED
VIII. PUBLIC INFRASTRUCTURE AND FACILITIES PROFFERS
8.1 Branch Library,
(a) Upon request by the County, Owner shall dedicate to the County the fee
simple interest in the land shown on Sheet B as a library, consisting of a 15,000 square foot fully
graded pad site, with utilities, to accommodate a 12,500 square foot building footprint, a five
foot perimeter strip and up to a 25,000 square foot building, together with a nonexclusive
easement to the adjacent common area for ingress, egress, construction staging I and sufficient
County Code required parking, stormwater detention and water quality facilities for the location
of a freestanding Jefferson-Madison Regional Library and such other uses that are compatible
with the proposed surrounding uses, as determined by the County (the "Library Lot").
Notwithstanding the terms of the prior sentence to the contrary, if the requirements for the library
building require a larger building footprint, the County may authorize the library building
footprint to be larger than as stated in the prior sentence, provided, however, that the size of the
area shown as "Park H" on Sheet B ("Park H") and/or the size of the adjacent parking area
immediately north of the Library Lot on Sheet B (the "Library Parking Lot") shall be adjusted
accordingly to accommodate such larger building footprint. The Owner shall not be responsible
for any utility tap fees, but Owner shall complete construction of the Library Parking Lot and
other parking areas serving the Library Lot. The Owner shall permit the County to use the
Library Parking Lot and/or, if not already constructed, Park H, for purposes of construction
staging. Within twelve (12) months after written notice from the County that it intends to begin
construction of the library, the Owner shall make the access roads and the area of the Library
Parking Lot available with at least a four inch compacted stone base for use as access and
construction staging. Such street access serving the Library Lot and the Library Parking Lot
shall be completed and available for use no later than ten (10) months after issuance of the
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building permit for the library, provided, however, that asphalt pavement in areas used for
construction staging by the County shall not be required to be installed until thirty ('10) days (or
staging
such longer reasonable time as may be necessary due to weather conditions) after the County has
removed its construction-related materials and equipment. Upon the request of the County,
Park H shall also be dedicated to public use, but the Owner shall not be responsible for
maintaining such park. Owner shall be responsible for maintenance of the Library Parking Lot
and other parking spaces serving the Library Lot and the County shall have no obligation to be a
member of any owner's association. The County's request for dedication of the land for the
Library Lot and Park H shall be made within three (3) years following the later to occur of
(i) issuance of the first residential building permit within the Project, (ii) Owner's completion of
the infrastructure (including but not limited to streets, water, sewer, electric, gas) required for the
use of the Library Lot, or (iii) December 3 ) 1, 2016 (which December 31, 2016 deadline may be
extended by written mutual agreement of the Owner and the County). If a request for such
dedication is not made within three (3 )) years following the later of these dates, this proffer will
be null and void.
(b) Green Roof. In the event that the requirements for the library building
require a larger building footprint, and the County elects to authorize the library building
footprint to be larger than 12,500 square feet pursuant to section 8.1(a) above, and in the further
event that the building is developed as a condominium and the County requests the Owner to
assume ownership for a portion of the larger building, Owner shall accept such ownership at a
reasonable price upon which the parties may mutually agree, and shall contribute to the County,
on a pro rata basis based on the proportional size of the portion of the library building owned by
the Owner relative to the size of the library building as a whole, the cost of designing and
constructing such building. These costs may include, if desired by the County, installation of a
"green roof," and any additional expenses associated with structurally reinforcing the roof as
necessary to support the green roof. Within ten (10) days after receipt of a request for payment
by the County that is accompanied by documentation to support the progress payment amount as
provided in the construction contract, the Owner shall submit such payments to the County.
Alternatively, in the event the County elects to design the library building as a Leadership in
Energy and Environmental Design ("LEED") building, the Owner shall contribute to the County,
on a pro rata basis based on the proportional size of the portion of the library building owned by
the Owner relative to the size of the library building as a whole, the additional costs of
constructing the library building to obtain LEED certification for the building. Within ten (10)
days after receipt of a request for payment by the County that is accompanied by documentation
to support the progress payment amount as provided in the construction contract, the Owner shall
submit such payments to the County. The design of the green roof, or the criteria utilized to
obtain the LEED certification, as applicable, shall be in the County's discretion.
8.2 Affordable Housing. Subject to the terms and conditions of this Section 8.2, the
Owner shall provide a minimum of forty (40) "for-sale" residential dwelling units as affordable
dwelling units, a minimum of sixty-six (66) "for-rent" residential dwelling units. as affordable
dwelling units, and a minimum of four (4) Carriage House Units (as Carriage House Units are
defined in Section 8.2(d)). The forty (40) "for-sale" residential dwelling units shall be comprised
of the following types of dwelling units: twelve (12) from multi-family; twelve (12) from "other"'
I
(consisting of townhouses, duplexes, attached housing, condominiums in the commercial areas
and other unidentified housing types); and sixteen (16) from single family detached, each at the
11
sale prices and under the terms and conditions set forth in this Section 8.2. The Owner shall
convey the responsibility of constructing the affordable units to the subsequent owners of lots
within the Property.
(a) Multi - Family and "Other" For-Sale Affordable Units. For multi-family
and "other" for-sale affordable dwelling units within the Property, such affordable units shall be
affordable to households with incomes less than eighty percent (80%) of the area median family
income (the "Affordable Unit Qualifying Income"). such that the housing costs consisting of
principal, interest, real estate taxes and homeowners insurance (PITI) do not exceed thirty
percent (30%) of the Affordable Unit Qualifying Income, provided, however, that in no event
shall the selling price of such affordable units be less than the greater of One Hundred Ninety
Thousand Four Hundred Dollars ($190,400) or sixty-five percent (65%) of the applicable
Virginia Housing Development Authority ("VHDA") maximum mortgage for first-time home
buyers at the beginning of the 90-day identification and qualification period referenced in
Section 8.2(f).
(b) Single Family Detached For-Sale Affordable Units ("Moderately-Priced
Units"). For single family detached for-sale affordable units within the Property ("Moderately-
Priced Units"), such Moderately-Priced Units shall be affordable to households with incomes
less than one hundred twenty percent (120%) of the area median family income (the
"Moderately-Priced Unit Qualifying Income"), such that the housing costs consisting of PITT do
not exceed thirty percent (30%) of the Moderately-Priced Unit Qualifying Income, provided,
however, that in no event shall the selling price of such Moderately-Priced Units be required to
be less than the greater of Two Hundred Thirty Eight Thousand Dollars ($238,000) or eighty
percent (80%) of the applicable VHDA maximum mortgage for first-time home buyers at the
beginning of the 90-day identification and qualification period referenced in Section 8.2(f).
(c) For-Rent Affordable Units. For a period of five (5) years following the
date the certificate of occupancy is issued by the County for each for-rent affordable unit, or until
the units are sold as low or moderate cost units qualifying as such under either the Virginia
Housing Development Authority, Farmers Home Administration, or Housing and Urban
Development, Section 8, whichever comes first (the "Affordable Term"), such units shall be
rented to households with incomes less than the Affordable Unit Qualifying Income. No for-rent
affordable unit may be counted more than once towards the number of for-rent affordable
dwelling units required by this Section 8.2.
(i) Conveyance of Interest. All deeds conveying any interest in the
for-rent affordable units during the Affordable Term shall contain language reciting that such
unit is subject to the terms of this Section 8.2(c). In addition, all contracts pertaining to a
conveyance of any for-rent affordable unit, or any part thereof, during the Affordable Term, shall
contain a complete and full disclosure of the restrictions and controls established by this
Section 8.2(c). Prior to the conveyance of any interest in any for-rent affordable 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 Section 8.2(c)(i) have been satisfied.
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(ii) Annual Reporting. During the Affordable Term and within ninety
(90) days following the end of each calendar year, the then-current owner shall provide to the
Albemarle County Housing Office a certified annual report of all for-rent affordable units for the
immediately preceding year in a form and substance reasonably acceptable to the County
Housing Office. Subject to all federal, state and local housing laws, and upon reasonable notice
during the Affordable Term, the then-current Owner shall make available to the County at the
then-current Owner's premises, if requested, any reports, copies of rental or lease agreements, or
other data pertaining to rental rates as the County may reasonably require.
(d) Carriage House Units. Carriage House Units shall meet the requirements
for a single family dwelling as defined in the Virginia Uniform Statewide Building Code, shall
be on the same parcel as the primary dwelling unit to which it is accessory, and shall not be
subdivided from the primary residence (*Carriage House Units"). The subdivision restriction
shall be included on the plat creating such parcels and be incorporated into each deed conveying
title to such parcels.
(e) Each subdivision plat and site plan for land within the Property which
includes affordable units (which, for this Section 8.2(e) shall include Moderately-Priced Units)
shall designate the lots or units, as applicable, that will, subject to the terms and conditions of
this proffer, incorporate affordable units as described herein. The first such subdivision plat or
site plan shall include a minimum of three (3) such affordable units. Thereafter, and until the
total number of affordable dwelling units proffered hereunder shall have been fulfilled, the
Owner shall provide a minimum of three (3) such affordable dwelling units per year. Each final
subdivision plat and final site plan also shall include a running total of the number and
percentage of affordable units previously provided and proposed to be provided by the
subdivision plat or site plan. For purposes of this Section 8.2(e), such units shall be deemed to
have been provided when the subsequent owner/builder provides written notice to the County
Housing Office or its designee that the unit(s) will be available for sale, as required by
Section 8.2(f) below. In the event that the Owner provides more than three (3) affordable
dwelling units in a single year, the Owner may "carry over" or "bank" credits for such affordable
units, such that the additional affordable units which exceed the minimum annual requirement
may be allocated toward the minimum number of affordable units required to be provided for
any future year. The maximum number of affordable units that may be carried over or banked
shall not exceed twelve (12) per year. Notwithstanding the terms of this Section 8.2(e) to the
contrary, upon the written request of the Owner, the County may authorize an alternative process
and/or schedule for the provision and/or delivery of such affordable units upon a determination
that the request is in general accord with the purpose and intent of Section 8.2 and/or otherwise
furthers the goals of providing affordable housing in the County.
(f) All purchasers of the for-sale affordable units shall be approved by the
Albemarle County Housing Office or its designee. The subsequent owner/builder shall provide
the County or its designee a period of ninety (90) days to identify and prequalify an eligible
purchaser for the affordable unit. The ninety (90)-day period shall commence upon written notice
from the then-current owner/builder that the unit(s) will be available for sale. If the County or its
designee does not provide a qualified purchaser who executes a contract of purchase during this
ninety (90)-day period, the then-current owner/builder shall have the right to sell the unit(s)
without any restriction on sales price or income of the purchaser(s), provided, however, that any
13
unit(s) sold without such restriction shall nevertheless be counted toward the number of
affordable units required to be provided pursuant to this terms of this Section 8.2. The
requirements of this Section 8.2 shall apply only to the first sale of each of the affordable units.
(g) The County shall have the right, from time to time, on reasonable notice
and subject to all applicable privacy laws, to inspect the records of Owner or any successors in
interest for the purposes of assuring compliance with this proffer,
(h) Cash Proffer. THIS PROFFER HAS BEEN SATISFIED. Within sixty
(60) days after the Board of Supervisors approval of ZMA 2000-009, the Owner shall cause to be
contributed three hundred thousand dollars ($300,000) cash to the County of Albemarle for the
Albemarle Housing Initiative Fund or such other similar fund as may be established or
authorized by the County. The contribution shall be to fund affordable home ownership loan
programs within the Project and other areas of Albemarle County, including those provided by
non-profit housing agencies such as the Piedmont Housing Alliance, Habitat for Humanity, and
the Albemarle Housing Improvement Program. If such cash contribution is not expended for the
stated purpose within five (5) years from the date the funds were contributed to the County, all
unexpended funds shall be refunded to the Owner.
IX. EDUCATIONAL AND OTHER PUBLIC FACILITIES
9.1 Elementary School Site. Within two hundred seventy (270) days following
request by the County.. Owner shall dedicate to the County the land shown on the Application
Plan as "Elementary School 12.85 Acres Schematic Layout", consisting of approximately
12.85 acres (or a smaller portion of such land in the County's sole discretion) (the "School Lot").
Prior to dedication, the School Lot shall be graded and compacted by Owner to a minimum of
95% compaction as measured by a standard Proctor test with suitable material for building
construction as certified by a professional engineer or as otherwise approved by the County
Engineer to establish a fully graded pad site to accommodate an elementary school. The
recreational field improvements shown on the Application Plan shall be fine graded and have top
soil and soil amendments added, and the mains for an underground irrigation system serving the
recreational fields shall be installed. Such improvements shall be reasonably equivalent to those
existing at the recreational fields at Baker-Butler Elementary School, exclusive of any above
ground improvements. The pedestrian pathways as shown on the perimeter of the School Lot on
the Application Plan shall be reflected on the subdivision plat prepared by Owner creating the
School Lot and the pathways shall be installed when the site is graded for the recreation fields.
The Owner shall provide all utilities to the School Lot. The dedication shall include easements
across Owner's land for access to and use of Storm Water Basins 5 and 10 shown on the
Application Plan, together with all temporary construction easements to allow Stormwater Basin
10 to be redesigned and enlarged, if necessary, to accommodate the School Lot stormwater. ' The
School Lot shall be used as an elementary school site, but if the County determines that the
School Lot will not be used as an elementary school site, it shall be used by the County for park
and recreational purposes serving both the North Pointe community and the region. If the
County does not request that the School Lot be dedicated by the later of December 3 ) 1, 2016
(which December 31, 2016 deadline may be extended by written mutual agreement of the Owner
and the County), or three (3 )) years after the issuance of the first residential building permit
within the Project, the Owner shall be under no further obligation to dedicate the School Lot for
14
the purpose described herein, but shall, by January 30, 2017, or thirty (30) days after such later
date, contribute five hundred thousand dollars ($500,000) cash to the County to be used by the
County for projects identified in the County's CIP reasonably related to the needs of the North
Pointe community, and in such event the School Lot may be used for other residential purposes
as approved by the County after request by Owner for an amendment to the Application Plan.
After dedication and before the County uses the School Lot for a school or for park and
recreational purposes, and if requested by the County, Owner shall maintain the School Lot until
requested by the County to no longer do so, subject to the Owner's right to exclusive use of the
School Lot for park and recreational purposes. Such park and recreational purposes shall be only
those uses shown on an approved final site plan or subdivision plat for the area that includes the
School Lot. Upon being requested by the County, Owner shall cease all use and maintenance of
the School Lot and remove all improvements established by Owner that the County requests be
removed. The County shall not be obligated to pay Owner for any improvements established by
Owner that the County retains. The deed of dedication for the School Lot shall provide that if
the County accepts title to the School Lot and then does not construct either a park or a school
within twenty (20) years following the date the Board of Supervisors approved ZMA 2013-
00007, then upon Owner's request title to the School Lot shall be transferred to Owner at no
expense to Owner.
9.2 Bus Stop Turnoffs, Bus Stop Improvements, and Bus Service.
(a) Owner shall construct ten (10) public bus stop turnoffs as shown on the
Application Plan, or otherwise two (2) in the southernmost residential area, four (4) in the
commercial areas and four (4) in the other residential areas, each in a location mutually
acceptable to Owner and the County. The bus stop turnoffs shall be approved with street
construction plans for the Project and bonded and constructed with the streets.
(b) Upon the request by the County, Owner shall contribute the total sum of
twenty five thousand dollars ($25,000) cash towards the design and construction of the above
ground bus stop improvements such as benches and shelters meeting standards established by the
County at each bus stop. If the County does not request the funds, or requests the funds but does
not construct the bus stop improvements by the later of December 31, 2015 or three (3) years
after completion of the road network that includes the bus stop turnoffs, then subject to matters
of force majeure, the unexpended funds shall, in the discretion of the County, either be returned
to Owner or applied to a project identified in the County's capital improvements program within
or adjacent to the Project that benefits the Project.
(c) Within thirty (30) days after the introduction of public transportation to
the Project, Owner shall contribute twenty-five thousand dollars ($25,000) cash to the County to
be used for operating expenses related to such service, and shall thereafter annually contribute
Twenty-Five Thousand Dollars ($25,000) cash to the County to be used for operating expenses
related to such service for a period of nine (9) additional years, such that the total funds
contributed to the County pursuant to this Section 9.2(c) shall not exceed Two Hundred Fifty
Thousand Dollars ($250,000). If the introduction of public transportation to the Project does not
commence by the later of ten (10) years after the Board of Supervisors approved ZMA 2013-
00007, or seven (7) years after the date of the issuance of the first certificate of occupancy for the
first commercial building within the Project, this Section 9.2(c) shall become null and void.
15
X. ACCESS TO ADJACENT PROPERTIES
10.1 Dedication of Right -of -Way- Extension to Parcel 22E, Unless the dedication
of public right-of-way and the construction of such street are required in conjunction with the
approval of a subdivision plat under Albemarle County Code § 14-409 and related sections, or
their successors:
Owner shall reserve the fifty (50) foot wide right-of-way located within the area shown
on Sheet B and identified as a "50' R.O.W. Reserved for Future Dedication" connecting a right-
of-way from the proposed middle entrance road into North Pointe to the southern property line of
Tax Map 32, Parcel 22E ("TMP 32-22E"). Prior to the issuance of a building permit for
Building 32 as shown on the Application Plan, Owner shall record in the Clerk's Office of the
Circuit Court of Albemarle County, a current, irrevocable deed of dedication dedicating to public
use for road purposes, the area labeled "50' R.O.W. Reserved for Future Dedication." Owner
acknowledges that if it is not part of a subdivision plat approved by the County, such offer of
dedication must be first reviewed and approved by the Board of Supervisors and accepted by the
Board. Such deed of dedication shall include the following conditions: (i) that TMP 32-22E
shall have been upzoned; and (ii) that prior to its use for road purposes, there shall have been
constructed on the land so dedicated a road approved by the County and accepted by VDOT for
public use or bonded for VDOT's acceptance. At the time of the construction of the access road
serving Building 32, the Owner shall construct the intersection curb radii or the road serving
TMP 32-22E and extend construction of such road for at least a minimum of one hundred (100)
feet from Northside Drive East. The Owner shall also place at the end of such extended road, a
sign, approved by the County, advising and notifying the public that such right-of-way is the
location of a future road extension. Owner shall grant temporary construction easements as
determined necessary by the County Engineer to allow for the road to be extended to TMP 32-
22E, which construction easements shall be on Owner's property and outside of the dedicated
right-of-way, and shall be established by the applicable site plan. No improvements shall be
located within the temporary construction easements until construction of such road has been
completed.
10.2 Access to Tax Map 32A, Section 2, Parcel 4 (current Northwoods Mobile
Home Park Property). Unless the dedication of public right-of-way and the construction of
such street are required in conjunction with the approval of a subdivision plat under Albemarle
County Code § 14-409 and related sections, or their successors:
Owner shall reserve an area in the location labeled "50' R.O.W. Reserved for Future
Dedication" at the eastern end of the main commercial access road from U.S. Route 29 on
Sheet B for access to Tax Map 32A, Section 2, Parcel 4 ("TMP 32A- 2 -4 "). Prior to the issuance
of a building permit for Building 6 or Buildings VI through V6, each as shown on the
Application Plan, whichever is earlier, Owner shall record in the Clerk's Office of the Circuit
Court of Albemarle County, a current, irrevocable deed of dedication dedicating to public use for
road purposes, the area labeled "50' R.O.W. Reserved for Future Dedication." Owner
acknowledges that if it is not part of a subdivision plat approved by the County, such offer of
dedication must be first reviewed and approved by the Board of Supervisors and accepted by the
Board. Such deed of dedication shall include the following conditions: (i) that TMP 32A-2-4
shall have been upzoned-, and (ii) that prior to its use for road purposes, there shall have been
16
constructed on the land so dedicated a road approved by the County and accepted by VDOT for
public use or bonded for VDOT's acceptance. At the time of the construction of the roundabout
serving Building 6 and Buildings V1 through V6 the Owner shall construct the intersection curb
radii and extend construction of the road for a distance of at least thirty feet beyond the
roundabout. The Owner shall also place at the end of such extended road, a sign, approved by
the County, advising and notifying the public that such right-of-way is the location of a future
road extension. After dedication and before the conditions of the dedication have been satisfied,
and if requested by the County, Owner shall maintain the dedicated land until requested by the
County to no longer do so, subject to the Owner's right to exclusive use of the dedicated land for
park, recreational, and/or greenspace purposes. Upon being requested by the County, Owner
shall cease all use and maintenance of the dedicated land and remove all improvements
established by Owner (if any) that the County requests be removed. Owner shall grant
temporary construction easements as determined necessary by the County Engineer to allow for
the road to be extended to TMP 32A-2-4, which construction easements shall be on Owner's
property and outside of the dedicated right-of-way, and shall be established by the applicable site
plan. No improvements shall be located within the temporary construction easements until
construction of such road has been completed.
XI. SIGNATORY
11.1 Certificate. The undersigned certifies that it is the only owner of the
Neighborhood Investments Property, which is the subject of ZMA 2013-00014.
11.2 The Owner. These proffers shall run with the Property and each reference to
Owner within these proffers shall include within its meaning, and shall be binding upon,
Owner's successor(s) in interest and/or the developer(s) of the Property or any portion of the
Property.
(Signature Pages Immediately Follow)
17
This Proffer Statement may be signed in counterparts and/or via facsimile with the same
full force and effect as if all signatures were original and on one document.
Date:
COMMONWEALTH OF VIRGINIA
CITY OF RICHMOND
NEIGHBORHOOD INVESTMENTS - NP, LLC
By:
By: William H. Shewmake
Its: Agent
The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that
William H. Shewmake as Agent for Neighborhood Investments - NP, LLC signed the foregoing
Proffer Statement bearing the date as of 2014, acknowledged the same before me in
my jurisdiction aforesaid on behalf of said limited liability company.
Given under my hand this day of 2014.
4
My commission expires: 0
k "n, �Acj ff 4-1
[SEAL] Notary Public
Notary Registration No.:
HH.,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
February 3, 2014
William N. Shewmake
951 East Byrd Street
Richmond, VA. 23219
RE: ZMA201300014 — North Pointe Neighborhood Investments
TAX MAP /PARCEL: 03200000002000; 032000000020AO; 032000000020A1; 032000000020A2;
032000000020A3;03200000002910; 03200000002300; 032000000023AO;032000000023130;
032000000023CO; 032000000023DO; 032000000023EO; 032000000023FO; 032000000023GO;
032000000023HO; 032000000023JO; and 032000000022K0
Dear Mr. Shewmake:
The Albemarle County Planning Commission, at its meeting on January 14, 2014, by a vote of 6:0,
recommended approval to amend proffers as recommended by staff of the above -noted petition to the
Board of Supervisors.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on February 12, 2014.
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
Senior Planner
Planning Division
Cc William N. Shewmake
951 East Byrd Street
Richmond, VA. 23219
Neighborhood Investments - NP LLC
810 Catalpa Ct
Charlottesville VA. 29203
•
-w
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
March 28, 2014
William N. Shewmake
951 East Byrd Street
Richmond, VA. 23219
RE: ZMA201300014 — North Pointe Neighborhood Investments
TAX MAP /PARCEL: 03200000002000; 032000000020A0; 032000000020A1;
032000000020A2;032000000020A3 ;03200000002910;03200000002300;
032000000023A0; 032000000023B0 ;032000000023C0;032000000023D0;
032000000023E0; 032000000023170; 032000000023G0; 032000000023H0;
032000000023A and 032000000022KO
Dear Mr. Shewmake:
The Albemarle County Board of Supervisors, at its meeting on March 12, 2014, by a vote of 6:0
deferred the above -noted petition to the April 2, 2014 meeting.
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,
ku
Claudette Grant
Senior Planner
Planning Division
Cc Neighborhood Investments - NP LLC
810 Catalpa'Ct
Charlottesville VA. 29203