HomeMy WebLinkAboutZMA200600009 Approval - County Zoning Map Amendment 2008-04-02COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
April 2, 2008
Frank Cox
220 East High Street
Charlottesville VA 22902
RE: ZMA 2006-009 5th Street -Avon Center (Signs #48, 67, 68)
TAX MAP/PARCEL: 76/M1 -2A, 76/M1 -2B, 76/M1 -4A, 77/11E
RE: SP 2007-00004, 5th Street -Avon Center— Parking Structure (Signs #78, 81, 91)
Tax Map/Parcel: 76/M1 -2A, 76/M1 -2B, 76/M1 -4A
Dear Mr. Cox:
The Board of Supervisors approved your rezoning application and special use permit application
on March 12, 2008.
Regarding ZMA2006-00009
This rezoning from LI and Rural Area to PD -SC was approved in accordance with the attached
proffers dated March 10, 2008 and signed on March 12, 2008. An application plan dated
February 19, 2008 and the Development Framework (also attached) were approved as part of
the rezoning. Please refer to these documents for any future applications and requests on this
property.
Regarding SP2007-00004
This special use permit to allow a parking structure on Tax Map 76/M1, Parcels2A, 213 and M1 -
4A was approved with no conditions.
Please be advised that although the Albemarle County Board of Supervisors took the
actions on the project noted above, no uses on the property as approved above may
lawfully begin until all applicable approvals have been received and conditions have
been met. This includes:
• compliance with applicable PROFFERS, including the application plan and
Development Framework;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued is not
commenced within twenty-four (24) months from the date of Board approval, it shall be deemed
abandoned and the permit terminated. The term "commenced" means "construction of any
structure necessary to the use of the permit."
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Sherri Proctor at 296-5832.
Sincerely,
V Wa��
Wber
V. aye g
Director of Planning
Cc: New Era Properties LLC
P O Box 520, Crozet VA 22932
Steve Blaine
123 E. Main Street, 8th Floor
Charlottesville, VA 22902
File
Email Copy: Tex Weaver
Steve Allshouse
Sherri Proctor
Sarah Baldwin
Bruce Woodzell (Real Estate)
Community Development Department
File# ZMA act
Approved by the BoardOfSupervisors
Date
PROFFER FORM
Date: March 10, 2008
ZMA # 2006-09
Tax Map and Parcel Number(s): 76 -M1 -2A• 76 -M1 -2B; 76 -M1 -4A; and 77-11E
81.94 Acres "Property") 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 Creels 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 Property. 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
Property. The bridge expansion shall be sufficient to accommodate at least two (2)
through lanes for Bent Creek Road.
C. Bent Creek Parkway From Bent Creek Road to Avon Street (Excluding
the Landfill Segment). The Owner shall cause to be constructed 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
ADD 2.0- ADD 5.0), prepared by The Cox Company, last revised February 19, 2008(the
"Application Plan"). If approved by VDOT, and subject to a waiver being obtained by
Owner pursuant to Sections 32.7.2.8 and 4.12.15(g) of the Zoning Ordinance, the
Parkway may be a `rural section' in design, without curb and gutter. If the Owner
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subdivides, the Parkway shall be constructed as an urban cross section unless a waiver is
granted pursuant to Section 14-410 (1) of the Subdivision Ordinance. 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 (hereinafter, "completed")
as a condition of the issuance of a certificate of occupancy for the first building within the
Property. That portion of the Bent Creek Parkway that excludes the Landfill Segment
(defined below) shall be dedicated as a public road with the approval of the initial, final
site plan for the Property. The Board of Supervisors' 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. Bent Creek Parkway; Landfill Segment. That portion of the Parkway that
transects the former City of Charlottesville Landfill (the "Landfill Segment") shall be
designed, constructed and maintained as follows:
1. Status of Landfill Segment: 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 Landfill Segment shall be a private street that is
privately maintained, but shall be subject to a "public access easement" creating a
perpetual right -of -passage over the Landfill Segment for the benefit of the public.
The first final site plan for the Property shall reserve the Landfill Segment,
including pedestrian and bicycle accommodations and the dedication of related
drainage, slope and utility easements, for future dedication to the County at the
County's request and in the County's sole discretion. If the County requests
dedication and 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.
2. Design: The Landfill Segment shall have the same design as that
approved by VDOT for the segment of Bent Creek Parkway from 5th Street
Extended to the Landfill segment), subject to any additional design requirements
of the Virginia Department of Environmental Quality ("DEQ") as set forth in the
Landfill Work Plan, defined below. The Owner shall submit the road plans for
the Landfill Segment to the County Engineer for review and approval, along with
copies of all design requirements and imposed by DEQ in its approval of the
Landfill Work Plan.
3. Construction and method of construction: The Landfill Segment shall
be constructed in accordance with the road plans submitted by the Owner and
approved by the County Engineer. The Owner shall obtain approval of the
method of construction of the Landfill Segment from DEQ as an element of the
approved Landfill Work Plan prior to approval of the first final site plan for the
Property.
4. Maintenance. The Owner shall obtain approval from the Director of
Community Development, and the County Attorney of a recordable instrument
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providing for the perpetual maintenance by the Owner of the Landfill Segment,
subject to dedication and acceptance of the Landfill Segment as a public right-of-
way. The maintenance instrument shall be in a form and be of a substance that is
approved by the Director of Community Development and by the County
Attorney.
5. Completion. The Landfill Segment shall be constructed and bonded,
and the County Engineer shall have determined that 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 Property.
6. Remediation and reopening in the event of closure. If DEQ, or any
other public entity having jurisdiction over such matters orders that the Landfill
Segment be closed to pedestrian and vehicular traffic because of an environmental
hazard or risk arising from the former landfill, the Owner shall remediate the
hazard or risk and take all other steps necessary, including the reconstruction,
repair, or relocation and construction of the Landfill Segment to allow it to
reopen. If the Landfill Segment is closed as provided herein, the Owner shall
obtain approval of the reopening from DEQ or other public entity, and reopen the
Landfill Segment for pedestrian and vehicular traffic within sixty (60) days of
completed remediation associated with the closure. The County Board of
Supervisors may authorize that deadline be extended for reopening the Landfill
Segment if the Owner demonstrates to the satisfaction of the Board that it is
necessary for the purpose of rebuilding the road.
7. County's Acceptance. 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
E. Avon Street Improvements. The Owner shall dedicate public right-of-way, as
shown on final site plans, 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 Property.
F. Transportation Proffers Compliance.
1. The road improvements listed in 113, 1C, and IE above shall be
constructed in accordance with road plans submitted by the Owner and approved
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by VDOT. All of the foregoing improvements listed in 1B,_ 1C, and IE shall be
(i) constructed to VDOT design standards pursuant to detailed plans approved by
VDOT, and (ii) offered to be accepted by VDOT for public use or bonded for
VDOT's acceptance. The width, (except as specified in 1C 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 with,
and approved by 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 provide a list of conditions for approval of all the City
Transportation Plans within six (6) months after the first final site plan for the
Property is approved by the County, or if the City does not approve City
Transportation Plans that meet all of the City's conditions of approval within six
(6) months after submittal by Owner of City Transportation Plans that meet all
such conditions, then 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.
G. 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 Area 1" (as shown on Sheet ADD -3.0 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 Lot shall include a transit stop. Construction of
the Park and Ride Lot by the Owner 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, and approval by the
County Transportation Planner and Charlottesville Transit Service, ("CTS") or Regional
Transit Authority (if in place) and shall incorporate a shelter, including rest bench,
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
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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 Property. 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
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 Bike/Ped 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
Bike/Ped system as a condition of approval for the first site plan for the Property.
Subject to County approval as part of the first site plan for the Property, the Greenway
Park and Bike/Ped master plan shall incorporate the following elements:
i.. Greenway Park and Trailhead Park routing plan, including trail standards;
ii. The Master Plan shall provide for a pedestrian and bicycle trail;
iii. 5th Street/Avon Connector Road preliminary engineering plan;
iv. Preliminary landscape plan for impact area;
v. Critical slope impact evaluation and option assessment; and
vi. Tree survey within the Stream Buffer area;
The Greenway Park and Bike/Ped master plan shall be coordinated with the County's
Director of Parks and Recreation. The Greenway Park and Bike/Ped 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 -vi above. This Proffer 3 shall be satisfied upon (a)
approval of all relevant elements of the Greenway Park and Bike/Ped master plan by the
requisite federal, state, and local approval agencies; (b) posting of a bond satisfactory to
the Director of Parks and Recreation for construction of any improvements as depicted on
the approved Greenway Park and Bike/Ped master plan; and (c) the Board of
Supervisor'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 of the County's approval of the first
final site plan for the Property. 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 Board of Supervisors.
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4. Pedestrian Link to Willoughby Subdivision. In the event that sufficient right-
of-way exists or can be obtained by others for the Willoughby portion of land needed, the
Owner shall construct within nine (9) months after the availability of such right-of-way, a
pedestrian path or trail connecting the Property 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. For the purposes of this proffer, reasonable access shall mean a pedestrian
access that is topographically feasible, but sensitive to terrain features, as determined by
the County Engineer. 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 Property, then Owner shall contribute
the sum of $25,000.00 to the County of Albemarle for trails maintenance and benefit and
the Owner shall be relieved of all obligation to construct a Willoughby Link.
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. On the
Application Plan, Conservation Areas are generally depicted, and incorporate
approximately 14 total acres, with approximately 8 acres lying outside the Landfill Area
and approximately 6 acres lying within the area of the Landfill Area. In order to provide
an allowance for areas necessary for constructing stream mitigation and other
environmental and conservation measures, compliance with this proffer requires the
Owner to design, set aside and allocate not less than 12.5 acres for Conservations Areas,
including not less than 7 acres on the portion of the Property lying outside the Landfill
Area, and not less than 5.5 acres within the area of the Landfill Area. For the purposes. of
this proffer, the Landfill Area is considered to constitute Tax Map 77, Parcel 11 E, which
contains 21.165 total acres. 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 Community Development. 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, 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 final, 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
or a similar species or quality of not less than 2.5" dbh, as determined by the County's
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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 § 18-8.5.5.3(a)(2).
The Owner shall employ a licensed arborist until all land disturbance within the
Conservation Areas is complete in order to assure compliance with the standards
contained in this Proffer 5.
6. LEED Standards for Core & Shell Development. The Owner shall cause
commercial buildings within the shopping center portion of the Property 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"). Prior to issuance of the
building permit for any proposed LEED Compliant Commercial Space, the Owner shall
provide to the County's Director of Community Development a certification from a
LEED certified 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.
Before the Owner requests a certificate of occupancy for any building for which a LEED
certified architect rendered such a certificate, 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. For each commercial
building containing LEED Compliant Commercial Space, the Owner shall provide a copy
of the LEED certification to the County's Director of Community Development within
one (1) year after the date the certificate of occupancy was issued for that building.
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
shall 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 shall 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 shall 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 shall 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
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submitted and approved with the first final site plan within the Property and shall be
completed within three (3) years from the date of the approval of the first final site plan
within the Property.
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 the Owner's
constructing any portion of the Bent Creek Parkway, and any proposed project
improvements on the Property 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
waste deposits will be required to construct the roadway, the plan will describe where and
how dynamic compaction will be performed.
D. 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
approval of the first preliminary site plan. The work described within the Landfill Work
Plan shall be substantially completed by the Owner prior to the issuance of any permits
for constructing building improvements on the Property, as confirmed by the County
Engineer. In addition, the Owner shall provide a certification from a licensed geo-
technical engineer that the work under the Landfill Work Plan is complete. [Preliminary
site plan approval and grading permits may be issued pending completion of the work
described within the Landfill Work Plan.]
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
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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. § 79) and Virginia
Department of Historic Resources State Curation Standards.
10. Erosion and Sediment Control and Stormwater QualitManagement.
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. Best Management Practices; Stormwater Quality 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 § 17-100 et seq.), up to a
maximum of eighty percent (80%) removal rate for the entire Property.
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.
D. Rainfall Harvesting Including Extensive Roof Design and Other Measures.
Owner shall incorporate rainfall harvesting measures ("Rainfall Harvesting") into the
overall Property. Rainfall Harvesting measures may include but need not be limited to
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impervious surface alternatives for parking _and drive isles, cisterns, and extensive,
("green") roof technologies. Not less than twenty-five percent (25%) of the roof area of
the buildings within the North and South Sectors shall employ green, or extensive roof
design. Rainfall Harvesting shall be submitted as part of, and must be compatible with
the Best Management Practices reviewed and approved by the County's Program
Authority in satisfying Proffer 10.B above. Owner's proposed use of Rainfall Harvesting
shall be submitted as part of the first preliminary site plan for the Property. Final Rainfall
Harvesting design and engineering documentation shall be submitted with the first final
site plan and building plans for the Property.
11. Architectural Guidelines.
A. Portions of the Property Subject to ARB Review. The Property shall be
designed and constructed in conformance with the Albemarle County Architectural
Review Board Guidelines, a copy of which is attached as Exhibit C. Traditional "back
of building" materials shall not be used for the home improvement and or major retail
spaces contemplated within the Property. Translucent roofing materials shall not be
visible from the Entrance Corridor. Roofs or parapet walls shall be used to eliminate
visibility of rooftop equipment from the Entrance Corridor. Trees shall be provided along
both sides of Bent Creek Parkway at forty feet (40') on center, a minimum 2.5" dbh at
planting. (Visibility shall be determined by the Architectural Review Board. Final site
plan approval is subject to ARB approval of the architectural and site design issues that
are the subject of this Proffer 11.A.
B. Portions of the Property Not Subject to ARB Review. To the extent this
Property, or any portion thereof, is not subject to review by the County's Architectural
Review Board: (i) the Property nevertheless 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; (ii) traditional "back of building" materials shall not be used for the home
improvement and or major retail spaces contemplated within the Property; (iii)
translucent roofing materials shall not be visible from within the project area (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 within the
project area; and (v) the architectural elements are consistent with the goals of the
Comprehensive Plan for this area.
12. Transit Funding.
A. 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
10
($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"), in 2009; adjusted annually to the nearest one one-hundredth of a cent by
the over -the -year percent increase or decrease in the Consumer Price Index for All Urban
Consumers (CPI -U) published by the United States Department of Labor, Bureau of
Labor Statistics.
B. 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. In such event, and for so long as public transit service is
provided to the Property, the Owner shall semi-annually pay over the aggregate amount
of the Transit Assessment assessed to the operator of such public transit service for use
toward capital and/or operating expenses of such transit 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 fourth quarters of each calendar year throughout
the period the Owner collects the Transit Assessment, the Owner shall provide to the
County Director of Community Development a written report listing the current Transit
Assessment amount, amount of commercial square footage assessed, and the amount of
the Transit Assessment actually collected.
C. The terms of this Proffer 12 shall be incorporated into the governing
documents or leases of the Property, which documents shall further authorize the County
Director 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 Transit Assessment. The remedy provided in this Proffer 12 shall be in addition to,
and not in lieu of, the County's rights and remedies at law or in equity for noncompliance
with the terms of these Proffers.
13. Phasing of Development. Except for the Outparcel labeled "Future Development
Area 1" on the Application Plan, the Property shall be developed under a single, final site
plan.
Submitted as of the 12th day March, 2008, by:
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a Virginia limited liability company
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Its: President
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AVON HOLDINGS, LLC
a Virginia limited liability company
By: River Bend Management, Inc.
Its Manager
BY:
Name: Coran Capshaw
Its: President
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ALBEMARLE COUNTY
ARCHITECTURAL REVIEW BOARD
DESIGN GUIDELINES
Memorial Uym, umversiry of virgunn
BACKGROUND AND PURPOSE OF
ARCiiii'E C i�U Ali 1D a iIE TX J
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.
i 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, and to
prornote orderly and attractive development within these corridors.
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004— page I
SUMMARY OF PROCEDURES
AND REQUIREMENTS
Crestar Building, High Ntreet
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 2
ff7hat projects must be reviewed by the Architectural Review Board?
If a proposed development project has the following characteristics, it must be reviewed 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 amendment to an
approved site plan before development can begin (generally, only commercial,
industrial, ,or multi -family development projects are required to have a site plan and,
therefore, require APR approval), 01-
2.)
r2.) The project requires County approval of a building permit for a commercial, industrial,
or multi -family development project before construction can begin, or
3.) The project requires a Special Use Permit from the Albemarle Board of Supervisors
because it involves outdoor storage or display within an Entrance Corridor street, or
4.) The project requires a Special Use Permit, rezoning, or comprehensive plan amendment
and the Albemarle Board of Supervisors or Planning Commission have requested advice
from the ARB before acting upon the proposal.
An Entrance Corridor includes all parcels which adjoin or are located within five hundred (5 00) feet
of the right-of-way of a County road or highway designated in Section 30.6.2b of the Albemarle
County Zoning Ordinance as an Entrance Corridor street." Appendix A contains a list of the current
designations.
Route 29N
In the case of reviews under items 1 and 2
above, the ARB must issue a Certificate of
Appropriateness in order for the site plan to
receive final approval and the project to
commence. In the case of reviews under
items 3 and 4 above, the ARB must make a
non-binding recommendation to the Planning
Commission or Board of Supervisors.
6Vhat is required to obtain a Certificate of Appropriatenessfrom the Architectural Review Board?
Filinz anApUlication for ARB Review
The developer must submit an application for ARB review to the Planning Department. The ARB
meets twice a month on the first and third Monday. Reviews are scheduled according to the
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 3
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.
Preliminao) 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
li. L,... L.._ 4L ,.�.
written list of any Suggestions �ivns diivii,ised during ti lfi meeting. Experience 110.) J11UW11 L11QL
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 modern
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
What appeal is available from decisions of the Architectural Review Board?
Provisions of a Certificate of Appropriateness, or the denial of a Certificate of Appropriateness may
be appealed to the Board of Supervisors by making a written demand for such appeal to the Clerk of
the Board of Supervisors within ten (10) calendar days of the decision with respect to which the
appeal is sought.
Recommendations of the ARB with respect to Special Use Permits, rezonings, comprehensive plan
lim r.rrJnferer;Ceg preceding annllcatlon for a Certificate Of
amendments and or te i ary
Appropriateness, are nYY
ot appealable because they are advisory only.
Decisions regarding the application or intent of Section 30.6 of the Albemarle County Zoning
Ordinance establishing the Entrance Corridor Overlay District may be appealed to the Albemarle
County Zoning Administrator.
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 5
DESIGN GUIDELINES - GENERAL
Legal Research Building, Route 25U w
Albemarle County Architectural Review Board Design Guidelines —Revised October 2004— page 6
Visitors to the significant historical sites in the Charlottesville and Albemarle area experience
these sites as ensembles of buildings, land, and vegetation. In order to accomplish the
integration of buildings, land, and vegetation characteristic of these sites, the Guidelines require
attention to four primary factors: compatibility with significant historic sites in the 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 design 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 building scale,
materials, and forms which may be embodied in architecture which is contemporary as well as
traditional. The Guidelines allow individuality in design to accommodate varying tastes as well as
special functional requirements.
Slave Quarters at Ash Lawn
Compatibility with the character of the Entrance Corridor:
Crestar Building, High Street
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 contribute 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 October 2004 — page 7
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 of the 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 Z91N
Albemarle First Bank, Route 291N
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 8
DESIGN GUIDELINES - SPECIFICS
Moser Radiation 'Therapy center, xoute Lz)u vv
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 9
This section provides specific recommendations intended to achieve the goals described in the
general design statement.
Compatibility with significant historic sites:
Structure design
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 25OW
Moser Radiation Therapy Center, Route 250W
Legal Research Building, Route 25OW
Albemarle County Architectural Review Board Design Guidelines —Revised October 2004 —page 10
Ill.
Loading areas,
°i:�a ,.,,L34, �•
Service areas,
c.)
Refuse areas,
d.)
•�• r
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�= 7.z
f.)
'1iltTT1
-
Crestar Building, rll;gn 6treer
Accessory structures and equipment
l.) 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 I I
Liahtin
General Guidelines
(4dopted 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 29iN
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 -mounted
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 of the site will be taken into consideration on a case by case basis.
_Guidelines for the Use ofDecorative Landscape Lighting
(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
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 ba illuminated; or non -cutoff luminaires, equipp �xi_ gjare 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.
Sims Landscaping
See the ARB's revised sign guidelines, l.) Landscaping along the frontage of
adopted October 13, 2004. 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'/2 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
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 strPet.
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 Lyle.
2.) Landscaping along interior roads:
a.) Trees should be planted parallel to
all interior roads. Such trees
should be at least 2'/2 inches
caliper (measured six inches
above the ground) and should be
of a plant species colnmon 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'/2 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
b.) Trees required by the preceding
paragraph should measure 2%
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.
Barracks Road Shopping Center
Forest Lakes Commercial Area, Route 29N
5.) Landscaping of buildings and other
structures:
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
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 Corrid Vr
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 Gradin
l.) 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
McDonald's, Route 2UN
Peter Jefferson Place, Route 25M
Q 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
of the 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 Pump Canopies
(Adopted by the ARB on August 25, 1998, revised October 13, 2004)
1.) 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 Guidel ines — Revised October 2004 — page 17
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
APPENDIX A
Entrance Corridor Overlay District
Entrance Corridor Overlay Districts are established:
1.) To the full depth of all parcels of land in existence on the adoption date of Section 30.6 of the
Albemarle County Zoning Ordinance which are contiguous to the rights-of-way of the
following Entrance Corridor streets in Albemarle County; or
2.) To a depth of five hundred (500) feet from the rights-of-way, whichever shall be greater,
along t11G lUlIGlNlllg EllL10.111.G 1.V111UV1 JLIGGLJ 111 1-11UG1110.I1G VGul1Ly.
U.S. Route 250 East and West
U.S. Route 29 North and South
Virginia Route 20 North and South
Virginia Route 631 south from Charlottesville City limits to Virginia Route 708
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
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 19
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Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 20
APPENDIX B
The following list contains properties that serve as examples for architecture and site design
proposed within the Entrance Corridor Overlay District. The list contains historic buildings
as well as more recently constructed buildings. The buildings are located within Albemarle
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 North 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, site
development, and the integration of site and structure which are encouraged by these
guidelines.
It should be recognized; however, that replication of these examples will not necessarily
result in the issuance of a Certificate of Appropriateness by the Architectural Review Board
because each building site and its context is unique.
Albemarle County Architectural Review Board Design Guidelines— Revised October 2004 — page 21
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 22
APPENDIX C
S[anda7-ds for Fuel Pump Canopies
(4dopled 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)
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)
42' 0'
Maximum length for a triple island canopy = 66'
(= 3' comfort zone front + 18' auto length + Y comfort zone middle + 18' auto length + 3' comfort
zone back + 18' auto length + 3' comfort zone back)
CEE
WIDTH
Maximum width for single island canopies = 26'. (= T (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
HEIGHT (from ground to bottom of fascia)
Maximum acceptable height is 14'6".
FASCIA HEIGHT
Maximum fascia height is 36".
366.
FUEL DISPENSER SIZE
A typical size is 79" high (approximately half the minimum canopy height), 4'6" wide, 32"
deep.
ISLAND SIZE
A typical size is 12-14' long, 4' wide, 9" tall.
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 24
APPENDIX D
Generic Landscape Plan
Recommended Species List
Large Shade Trees (50'-70')
Botanical Name Common Name
Acer rubrum
meu Mlapie
Acer saccharum
Sugar Maple
Aesculus carnea
Red Horsechestnut
Aesculus hippocastanum
Common Horsechestnut
Celtis occidentalis
Hackberry
Fraxinus americana
White Ash
Gingko biloba
Gingko (male species)
Liquidambar styraciflua
Sweetgum
Liriodendron tulipifera
Tuliptree
Nyssa sylvatica
Blackgum
Platanus acerifolia
London Planetree
Platanus occidentalis
American Sycamore
Quercus acutissima
Sawtooth Oak
Quercus alba
White Oak
Quercus imbricaria
Shingle Oak
Quercus palustris
Pin Oak
Quercus phellos
Willow Oak
Quercus robur
English Oak
Quercus rubra
Northern Red Oak
Tilia americana
American Linden
Tilia cordata
Littleleaf Linden
Tilia tomentosa
Silver Linden
Ulmus hollandica
Groenveldt Elm
Ulmus parvifolia
Chinese Elm, Lacebark Elm
Zelkova serrata
Japanese Zelkova
Medium Shade Trees (40'-50')
Botanical Name Common Name
N
Carpinus betulus
European Hornbeam
Cercidiphyllum japonicum
Katsuratree
Gymnocladus dioicus
Kentucky Coffeetree
Halesia monticola
Mountain Silverbell
Sassafras albidium
Sassafras
Sophora japonica
Japanese Pagodatree
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 25
Ornamental Trees (20'-40')
Botanical Name
Amelanchier canadensis
Carpinus caroliniana
Cercis canadensis
Cornus florida
Crataegus crus-galli
Crataegus la 'r, to
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 laws a.
X Cupressocyparis leylandii
Ilex x attenuata "Fosteri"
Ilex x "Nellie R. Stevens"
Ilex 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
Screening Shrubs (4'-15')
Botanical Name
Abelia grandiflora
Buxus sempervirens
Ilex cornuta "Burfordii"
Ilex cornuta `Burfordii nava"
Ilex crenata
Ilex 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.
Common Name
Glossy Abelia..
Common American Boxwood
Burford Holly
Dwarf Burford Holly
Japanese Holly
Compact Inkberry
J,iniper 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
Native Plants for Virginia Landscapes
Trees
Small/ medium deciduous
Botanical Name Common Name
Amelanchier canadensis
Shadblow Serviceberry
Carpinus caroliniana
American Hornbeam
Ceres canadensis
Eastern Redbud
Chioanthus virginicus
White Fringetree
Comas florida
Flowering Dogwood
Crataegus spp.
Washington Hawthorn
Diospyros virginiana
Green Hawthorn
Ilex decidua
Possumhaw
Magnolia tripetala
Umbrella Magnolia
Magnolia virginiana
Sweetbay Magnolia
Ostrya virginiana
American Hophornbeam
Oxydendrum arboreum
Sourwood
Prunus spp.
Carolina Cherrylaurel
Quercus spp.
Beach Cherry
Wild Red Cherry
Salix caprea
Goat Willow
Large deciduous
Botanical Name Common Name
Acer rubrum
Red Maple
Betula nigra
River Birch
Carya spp.
Shagbark Hickory
Pignut Hickory
Celtis laevigata
Sugar Hackberry
Cladrastis kentuckea (lutea)
AmericanYellowwood
Diospyros virginiana
Persimmon
Fagus grandifolia
American Beech
Liquidambar styraciflua
Sweetgum
Liriodendron tulipifera
Tuliptree
Magnolia spp.
Cucumbertree Magnolia
Nyssa sylvatica
Blackgum
Platanus occidentalis
American Sycamore
Quercus spp.
White Oak
Swamp White Oak
Southern Red Oak
Albemarle County Architectural Review Board Design Guidelines— Revised October 2004 — page 28
Evergreen Trees
Botanical Name Common Name
Ilex opaca
Shingle Oak
Ilex vomitoria
Chinkapin Oak
Juniperus virginiana
Water Oak
Magnolia grandiflora
Scarlet Oak
Pinus spp.
Chestunt Oak
Fothergilla major
Post Oak
Hamamelis virginiana
Pin Oak
Quercus virginiana
Willow Oak
Robinia pseudoacacia
Black Locust
Sassafras albidum
Sassafras
Tax^diu mdistich rn
Bald Cs
.11,
Tilia americana
American Linden
Evergreen Trees
Botanical Name Common Name
Ilex opaca
American Holly
Ilex vomitoria
Yaupon Holly
Juniperus virginiana
Eastern Red Cedar
Magnolia grandiflora
Southern Magnolia
Pinus spp.
Virginia Pine
Fothergilla major
Loblolly Pine
Hamamelis virginiana
Shortleaf Pine
Quercus virginiana
Live Oak
Tsuga caroliniana
Carolina Hemlock
Shrubs
Deciduous
Botanical Name Common Name
Call icarpa. japonica
American Beautybush
Calycanthus floridus
Carolina Allspice
Clethra alnifolia
Summersweet Clethra
Cornus racemosa
Gray Dogwood .
Cornus sericea
Redtwig Dogwood
Fothergilla major
Large Fothergilla
Hamamelis virginiana
Common Witchhazel
Ilex decidua
Possumhaw
Lindera benzoin
Spicebush
Rhododendron spp.
Deciduous Azaleas
Rhus spp.
Sumac varieties
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 29
Sambucus canadensis
Vaccinium spp.
Viburnum spp.
Evergreen Shrubs
Botanical Name
Ilex glabra
Myrica cerifera
Kalmia latifolia
Vines
Botanical Name
Clematis virginiana
Parthenocissus quinquefolia
Campsis radicans
Gelsemium sempervirens
Lonicera sempervirens
Groundeovers
Botanical Name
Gaultheria procumbens
Mitchella repens
Polystichum acrostichoides
Elderberry
Highbush Blueberry
Mapleleaf Viburnum
Arrowwood
Common Name
Inkberry
Southern Wa :myrtle
Mountain Laurel
Common Name
Virginsbower
Virginia Creeper
Trumpet Creeper
Carolina Yellow Jessamine
Trumpet Honeysuckle
Common Name
Creeping Wintergreen
Partridgeberry
Christmas Fern
Albemarle County Architectural Review Board Design Guidelines — Revised October 2004 — page 30
5th .Stre6VA\/ovv uwter ZMA
Development Framework
ZMA 2006-09
5th Street/Avon Center
The Applicant submits this development framework for the North and South Sectors in support of
application requirements for the 5th Street/Avon Center ZMA 2006-09 pursuant to Albemarle County
Code Section 8.5.1.d. (11). For supplemental reference graphic, see ZMA Application Plan, ADD -3.0
prepared by The Cox Company and dated February 19, 2008. Community Development Department
File#
North Sector Approved by the Board of Supervisors
Date C.L,
Building Zones C: =�
Signature - Plannor
East/West Interior Street: Mixed Commercial Liner Buildings/North Side
Planned Uses: Retail establishments, 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.
DeveLopvwevvt �rRMeWOri2: Paye 2
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,5th streetlAvow uwter 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 Proffer 11. Architectural Guidelines.
2. Building facades and rooflines will be integrated with the North/South streetscape axis.
3. Mass, form, materials, and color of individual buildings shall be subject to Proffer 11.
Architectural Guidelines.
4. Loading zones and visible parking areas shall be buffered and landscaped as
determined under Proffer 11. Architectural Guidelines.
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.)
R
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 :
200,0b0 sfgfa.
rhe cox compawtd neveLopw+.ewt i=rameworlar. 7>age 2
5th StreeVAVow Cewter 7—MA
South Sector
Building_Zone A:
Anchor Retail Commercial
Anchor retail stores represent "destination" (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.
The cox corwpawU
pevetopK&ewt F-rOlM.eWOrIZ: Page s
,5th ,StretVAVow Center ZMA
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 8/D 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 street. Parallel and angled parking permitted on the fronting streets.)
Maximum South Sector Floor Area :
350,000 sfgfa.
Maximum Floor. Area North + South Sectors: .
At full build -out, the combined Total North and South Sector Retail Project Area shall not
exceed 414,500 sfgfa. Although maximum floor areas established above for the two
respective sectors would cumulatively allow greater total sfgfa, this overall total of 414,500
sfgfa shall not be exceeded. Thus, the maximum sfgfa .of both North and South Sectors
may not practicably be achieved.
Maximum Floor Area, Total Project:
The maximum floor area for all uses in the total landholdings subject to ZMA 2006-09,
including "Development Area 1" as depicted on the ZMA Application Plan, shall not
exceed 470,000 sfgfa. The resulting difference between the maximum allowable floor area
for all uses developed within.the subject property and the maximum floor area allowed for
the combined North and South Sectors is accounted for in the estimated yield for
Development Area 1" as applied in the Traffic Impact Analysis prepared in support of the
ZMA. The total project yield incorporated into the TIA establishes the overall total project
maximum sfgfa within this Development Framework. The Applicant may be approved by
The cox C-DVK?awlO peveLop.mewt Frameworiz: Paye 4
sth streeVAN/ow Uwter ZMA
administrative action of the .County to allocate this remaining development potential in
"Development Area 1" (55,500 sfgfa) to the North or South sectors with the understanding
that no additional development will be allowed by -right in "Development Area I". As part
of this administrative review and approval, the County would enable the Applicant to
increase the maximum sfgfa described above for the North and/or South sectors
accordingly, so long as the overall maximum floor area for all uses developed within the
subject property does not exceed 470,000 sfgfa.
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