HomeMy WebLinkAboutZMA200900001 Proffers 2015-12-16COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 23, 2012
Valerie W. long CIO Williams Mullen
321 E. Main Street, Suite 400
Charlottesville, Va. 22902
RE: ZMA200900001 Avon Center
Tax Map 76M1, Parcels 2A, 23 and 4A
Tax Map 77, Parcel 11 E
SP201000003 a Street —Avon Center — Parking Structure
Tax Map 76M1, Parcels 2A, 213 and 4A
Dear Ms. Long:
The Board of Supervisors took the following actions on the above noted petitions at their September
12, 2092 meeting:
Reaardinq ZMA200900001
Amendments to the existing proffers, application plan and development framework for the above
noted parcels zoned PD -SC approved, by a vote of 6:0, in accordance with the attached proffers
dated September 4, 2012 and the attached application plan, inclusive of the development
framework, dated August 31, 2012. Please refer to these documents for any future applications and
request on this property.
Regarding SP201000003
Approved, by a vote of 6:0, with the following condition:
The special use permit approval shall not expire but shall remain in effect so long as the
approval of ZMA-2009-00001 remains in effect.
In addition, the Board of Supervisors approved, by a vote of 5:1, a special exception for a critical
slopes waiver.
Please be advised that although the Albemarle County Board of Supervisors took action 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;
• compliance with conditions of a SPECIAL USE PERMIT;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Rebecca Ragsdale at 296-5832.
Sincerely,
f
Wayne Cirnningg
Director of
Email CC: Tex Weaver, Rebecca agsdale, Elise Hackett
File
Fifth Street — Avon Center
PROFFER STATEMENT
Date: September 4, 2U12.
ZMA # 2009-001 Fifth Street — Avon Center
Tax Map and Parcel Number(s): 076M1 -00-00-002A0, 076M1 -00-00-002B0, 076M1 -00-00-004A, and 07700-
00-00-0011 E0
Approximately 81.94 Acres zoned Planned District - Shopping Center (PD -SC)
New Era Properties, LLC, a Virginia limited liability company, and Avon Holdings, LLC, a Virginia limited
liability company, are the fee simple owners (collectively, the "Owner") of tax map parcels 076M1 -00-00-
002A0, 076M1 -00-00-002B0, 076M1 -00-00-004A, and 07700-00-00-0011EO (collectively, the "Property').
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers
the conditions listed in this Proffer Statement, which shall be applied to the Property if the rezoning is
approved by Albemarle County. These conditions are proffered as part of the rezoning and it is
acknowledged that the conditions are reasonable.
The Fifth Street — Avon Center project was originally approved by the County Board of Supervisors on
March 12, 2008 as ZMA 2006-009, along with proffers from the Owner dated March 10, 2008, and signed on
March 12, 2008 (the "Original Proffers', an Application Plan dated February 19, 2008 prepared by The Cox
Company (the "Original Application Plan"), and a Development Framework prepared by The Cox Company
(the "Original Development Framework').
As part of rezoning application ZMA 2009-001, the Owner has submitted an amendment to the Original
Application Plan that was prepared by Bohler Engineering and is entitled "Zoning Application Plan
Amendment for 5,h Street — Avon Center" dated December 17, 2009, last revised August 31, 2012 (the
"Application Plan Amendrnent'� which shall supersede and replace the Original Application Plan in all
respects. Any references in this Proffer Statement to the "Application Plan" shall mean the Application Plan
Amendment.
As part of rezoning application ZMA 2009-001, the Owner has incorporated an amended version of the
Original Development Framework into the Application Plan Amendment, which shall supersede and replace
the Original Development Framework in all respects.
The improvements proposed for the Property are collectively referred to herein as the "Project."
This Proffer Statement shall supersede and replace the Original Proffers in all respects.
1. Road Improvements. The Owner shall cause completion of the following road improvements:
A. Bent Creek Road and Fifth 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 at the intersection of Bent Creek
Road and Fifth Street prior to issuance of approval of the first certificate of occupancy for the Property. An
example of the improvements that the City of Charlottesville may require of the Owner is attached as
Exhibit IA, entitled "52h Street Intersection Exhibit 1A" prepared by Collins Engineering and dated August
15, 2012.
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 prior
to issuance of the first certificate of occupancy within the Property. The bridge expansion shall be sufficient
to accommodate at least two (2) through lanes for Bent Creek Road, and shall be deemed complete when the
County Engineer has determined that the bridge is safe and convenient for traffic.
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 Amendment. The Owner intends to construct the Parkway to be a "rural section" in design,
without curb and gutter, and will construct it as such if such design is approved by VDOT, and subject to a
waiver being granted by the County Board of Supervisors pursuant to Sections 32.7.2.8 and 4.12.15(8) of the
Zoning Ordinance, and, if applicable, a waiver being granted by the County Board of Supervisors pursuant to
Section 14-410(1) of the Subdivision Ordinance. If either VDOT does not approve the Parkway as a rural
section without curb and gutter, or if the County Board of Supervisors does not grant any waiver required for
the Parkway to be a rural section without curb and gutter, then the Owner shall construct the Parkway as an
urban cross section with curb and gutter. The Parkway shall be constructed, bonded and ready to be
recommended by the Albemarle County Board of Supervisors for acceptance into the public system, and the
County Engineer shall have determined that the roadway is safe and convenient for traffic (hereinafter,
"completed"} prior to issuance of the first certificate of occupancy within the Property. Once the Owner
completes that portion of Bent Creek Parkway that excludes the Landfill Segment (as "Landfill Segment" is
defined in paragraph 1D), and within sixty (60) days after the written request of the County, the Owner shall
dedicate such portion of the Parkway as a public road. The Board of Supervisors' acceptance of this Proffer
Statement 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 on tax map parcel 07700-00-00-0011E0 (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 (as "Landfill Work Plan" is defined
in paragraph 8 herein). 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 Fifth Street Extended to the Landfill segment, subject to any
additional design requirements of the Virginia Department of Environmental Quality (°`DEQas set forth in
the Landfill Work Plan. 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
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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 County Director of
Community Development, and the County Attorney of a recordable instrument 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
promptly remediate the hazard or risk and take all other steps necessary to comply with such orders, including
the reconstruction, repair, or relocation and construction of the Landfill Segment to allow it to reopen. If the
Landfill Segment is temporarily 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 Director of Community
Development may authorize that deadline be extended for reopening the Landfill Segment if the Owner
demonstrates to the satisfaction of the County that it is necessary for the purpose of rebuilding the road. In
the event the Landfill Segment is temporarily closed as provided herein, the businesses within the Project may
continue to operate and conduct business.
7. County's Acceptance. The County's acceptance of this Proffer Statement 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 tum 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. 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 paragraphs 1B, 1C, and 1E above shall be
constructed in accordance with road plans submitted by the Owner and approved by VDOT. All of the
foregoing improvements listed in paragraphs 1B, 1C, and 1E 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 geometries of all lane
improvements shall be as required by VDOT design standards and detailed plans submitted by the Owner
and approved by VDOT.
2. Any signal improvements proffered herein shall be coordinated 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 this Proffer Statement or shown on the Application Plan that are located
within the limits of the City of Charlottesville, and such improvements shall be completed as specified in
paragraphs 1A and 1B herein. 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 this Proffer Statement to construct any
improvements for which approvals have not been obtained. In the event that the City acquires right-of-way
in the City for such improvements, the Owner shall reimburse the City for its costs in acquiring the land.
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 "Potential Area for
Future Park and Ride Lot" on sheet 2 of the Application Plan Amendment, 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 Director of Community Development and Charlottesville
Area Transit ("CAT') or Regional Transit Authority (if in place) and shall incorporate a shelter, including a
rest bench, pedestrian access, and signage consistent with other similar CAT facilities.
2. Greenway Dedication. The Owner shall dedicate in fee simple to the County (or at the County's
option, convey an easement to the County over) the area shown on the Application Plan Amendment as
"Greenway Trail Improvements" (the "Greenway Trail Land'), to permit the construction by the County of a
Greenway Trail through the Property in the location shown as "Greenway Trail Improvements" on the
Application Plan Amendment (the "Greenway Trail'). Such dedication shall occur after final site plan
approval and after receipt of a written request from the County for such dedication (the "Dedication Request
Notice'. If the Dedication Request Notice is delivered after final site plan approval, the dedication shall be
completed within six (6) months after delivery of the Dedication Request Notice. If the Dedication Request
Notice is delivered prior to final site plan approval, the dedication shall be completed within six (6) months
after final site plan approval. The Greenway Trail would be constructed to meet the Class A trail definition as
contained in the County's Greenway Plan. In the event that sufficient right-of-way exists or can be obtained
by others, the Owner shall permit construction by the County of an extension of the Greenway Trail for the
County Greenway System beyond the Property line to Interstate 64, along Biscuit Run, in the area shown as
"Future Greenway Trail Extension" on the Application Plan Amendment. The Greenway Trail Land shall be
dedicated by subdivision plat, and the Owner shall be responsible for the cost of a survey and preparing the
deed to convey the Greenway Trail Land to the County.
3. Dedication for Greenway Park; Cash Contribution for Greenway Trail,. Greenway Park and
Bike/Pedestrian Master Plan. Within the general area depicted on the Application Plan Amendment as
"Passive Open Space and Trailhead Park," the Owner shall, within six (6) months after receipt of the
Dedication Request Notice, dedicate in fee simple to the County (or at the County's option, an easement to
the County), for 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 (the "Greenway Park'). At least five
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(5) parking spaces in the adjacent parking lot on the Application Plan Amendment shall be reserved for a trail
head use for the Greenway Park. The Passive Open Space and Trailhead Park land shall be dedicated by
subdivision plat, and the Owner shall be responsible for the cost of a survey and preparing the deed to
convey the Passive Open Space and Trailhead Park land to the County.
Prior to the issuance of the first certificate of occupancy within the Project, the Owner shall make a
cash contribution to the County in the amount of Two Hundred Fifty Thousand Dollars ($250,000) for the
Purpose of funding (a) the construction of the Greenway Trail; (b) a master plan for the development of the
Greenway Park and a Bike/Pedestrian system (the "Park Master Plan"); and (c) construction of the Greenway
Park and Bike/Pedestrian system, each by the County. If the Park Master Plan and construction of the
Greenway Park and Greenway Trail are completed for less than Two Hundred Fifty Thousand Dollars
($250,000), any remaining funds may be retained by the County and used to fund additional public
recreational amenities within the Property, the Greenway Trail Land, or the Greenway Park. If such cash
contribution is not expended for the Park Master Plan or the construction of the Greenway Trail or the
Greenway Park within fifteen (15) years from the date of the contribution, all unexpended funds shall be
refunded to the Owner.
Beginning January 1, 2013, the amount of the cash contribution required herein shall be adjusted
annually until paid, to reflect any increase or decrease for the preceding calendar year in the Comparative Cost
Multiplier, Regional City Average, Southeast Average, Category C: Masonry Bearing Walls issued by Marshall
Valuation Service (a/k/a Marshall & Swift) (the "Index' or the most applicable Marshall & Swift index
determined by the County if Marshall & Swift ceases publication of the Index identified herein, or any other
more applicable index that the County may elect in its discretion to utilize. The annual adjustment shall be
made by multiplying the proffered cash contribution amount for the preceding year by a fraction, the
numerator of which shall be the Index as of December 1 in the preceding calendar year, and the denominator
of which shall be the Index as of December 1 in the year preceding the calendar year most recently ended.
The annual adjustment shall be effective on and after the date the Index value from the preceding calendar
year is published. For purposes of this Proffer Statement, the terms of this paragraph shall be referred to as
the "Cash Proffer Annual Adjustment Terms."
4. Cash Contribution for Pedestrian Link to Willoughby Subdivision. In the event that
sufficient right-of-way exists or can be obtained by others for any land located within the Willoughby
Subdivision necessary therefor, the Owner shall make a cash contribution to the County in the amount of
One Hundred Thousand Dollars ($100,000) for the construction by the County of a pedestrian path or trail
connecting the Property to the Willoughby Subdivision in the general area shown on the Application Plan as
"Potential Pedestrian Connection to Willoughby," which connection would include a pedestrian bridge over
Moore's Creek, and reasonable access to at least one neighborhood street within Willoughby (the
"Willoughby Link"). 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. Such cash
contribution for the Willoughby Link shall be delivered to the County after receipt of written notice from the
County that sufficient right-of-way exists or is contractually obligated to be provided by others for the
Willoughby portion of land needed for the Willoughby Link (the "Willoughby Link Notice'). If the
Willoughby Link Notice is delivered after final site plan approval, but prior to issuance of the first certificate
of occupancy within the Project, the Owner shall deliver the cash contribution for the Willoughby Link to the
County prior to issuance of die first certificate of occupancy within the Project. If the Willoughby Link
Notice is delivered after issuance of the first certificate of occupancy within the Project, the Owner shall
deliver the cash contribution for the Willoughby Link to the County within thirty (30) days after delivery of
the Willoughby Link Notice. In the event that sufficient right-of-way for the Willoughby Link does not exist
or cannot be obtained for the County to construct the Willoughby Link (as determined by the County),
within five (5) years after issuance of the first certificate of occupancy within the Property, the County shall
notify the Owner of such determination in writing, in which event the amount of the cash contribution owed
to the County by the Owner pursuant to this paragraph 4 shall be reduced to Twenty -Five Thousand Dollars
($25,000), which contribution shall be delivered to the County within thirty (30) days after delivery of such
notice, and the County may elect to use the contributed funds for the Greenway Park and the Greenway Trail
within the Property. If such cash contribution is not expended for the purposes described in this paragraph 4
within fifteen (15) years from the date of the contribution, all unexpended funds shall be refunded to the
Owner. This paragraph 4 shall be subject to the Cash Proffer Annual Adjustment Terms.
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 12 total acres, with approximately 7 acres lying outside
the Landfill Area and approximately 5 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 11
acres for Conservations Areas, including not less than 6.5 acres on the portion of the Property lying outside
the Landfill Area, and not less than 4.5 acres within the area of the Landfill Area. For the purposes of this
proffer, the Landfill Area is considered to constitute Tax Map Parcel 07700-00-00-0011E0, which contains
21.165 total acres (the "Landfill Area'. 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 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.
6. LEED Standards. The Owner shall cause buildings within the Project to be designed to
berated a minimum of "Certified" under the LEED Green Building Rating System or combination of LEED
Green Building Rating System that is most applicable to the particular building(s) at the time of application, in
recognition of the evolution of such LEED rating systems, which may include, among others, the LEED
Rating System for Core & Shed Development, Version 2.0, July 2006 or the LEED Rating System for Retail:
New Construction and Major Renovations, Pilot Version, July 2008, or the then -applicable version of such
LEED Rating System, or some combination thereof (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 paragraph 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.
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 as Exhibit
B, and also in the areas within the Property on the City side of Moore's Creek (the "Erosion and Buffer
Projects'). Exhibit B originally appeared as an Exhibit to the County's Stormwater Action Lists Report for
Stormwater Master Plan, prepared by CH2MHi.11, dated January, 2004. The Erosion and Buffer Projects shall
include but not be limited to stream bank restoration and stream channel stabilization in general conformity
with The Virginia Stream Restoration and Stabik.Zatton Best Mana&ement Practicer 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 Fj)parlan Bmjirs Moddfacatdon and Miiigatdon 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. The schedule and scope of the
Erosion and Buffer Projects shall be 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. Landfill Area, Work Plan; Department of Environmental Qu "i, The Owner shall
have obtained DEQ approval of a work plan (the "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 Landfill Area prior to preliminary site plan approval, preliminary subdivision plat
approval, or the approval of any grading plan involving disturbance of the Landfill Area. 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 and cover to DEQ's satisfaction any areas of exposed waste on the
Property discovered during the systematic study referenced in paragraph 8A. This plan shall include a
minimum of two (2) feet of clean fill or stone over all exposed waste, except where DEQ finds that
alternative products or methods provide an equal or better cover, or DEQ finds that disturbing this area to
establish a cover would create additional and undesirable environmental risks. Where DEQ finds there to be
areas of additional and undesirable environmental risk, the Owner shall consult with the Director of
Community Development and DEQ on preferred options that assure environmental safety and stability of
the landfill while minimizing any public nuisance from the exposed waste, with DEQ having the sole
authority to determine appropriate measures for these areas.
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 Area.
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 both the submitted and
the approved Landfill Work Plan, together with all backup 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 Worst Plan shall be substantially completed by the Owner prior to the issuance of any building permit
for constructing building improvements on the Property, as confirmed by DEQ and the County Engineer,
and shall be completed prior to issuance of the first certificate of occupancy within the Property. In addition,
the Owner shall provide a certification from a licensed geotechnical 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 C (the "Phase I Scope Area', the
Owner shall cause to be completed and supplied to the County, a Phase I Historic Resources Survey ("Phase
I Survey") for any areas within the Phase I Scope Area to be disturbed. The Phase I Survey shall be
conducted pursuant to the National Historic Preservation Act of 1966, as amended, the Archaeological and
Historic Preservation Act of 1974, and Executive Order 11593. The consultant conducting the Phase I
Survey shall meet the professional qualification standards of the Department of the Interior (48 Fed. Reg,
44,738 - 44,739). The archaeological fieldwork component of the Phase I Survey shall conform to the
qualifications specified by the Secretary of the Interior's Standards and Guidelines forArc6eology 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 Prrservation: Secretary of the Interior's Standards and Guidelines (48
FR 44742, September 29, 1983), 199), 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 Federal# Owned and Administered Archaeological Collections (36 C.F.R. § 79)
and Virginia Department of Historic Resomnes State Curaaion Standards.
10. Erosion and Sediment Control and Stormwater Quali1y Mana ement.
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 (809/6) for the Property. (As a reference, current regulatory
structural measures achieve a sixty percent (60%) optimal removal rate.)
B. Stormwater Quality Management. The Owner shall construct a stormwater quality
management facility in the general area shown as "SWM/BMP Pond Facility" on sheet 2 of the Application
Plan Amendment (near the southeast corner of Block A), to capture and filter the water runoff and drainage
from an off-site area that is equal to at least twenty percent (20%) of the land area of the Property, in
compliance with the Water Protection Ordinance (Albemarle County Code §17-100 et seq.), prior to such
water being discharged into Moore's Creek.
C. Intentionally Omitted (superseded by the Section 17-207 of the Albemarle County Water
Protection Ordinance)
D. Rainfall Harvesting and Roof Design. The Owner shall incorporate ramiall harvesting
measures ("Rainfall Harvesting') into the overall Property. Rainfall Harvesting measures may include but
need not be limited to impervious surface alternatives for parking and drive isles, and cisterns. 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 paragraph 10B above. The Owner's
proposed use of Rainfall Harvesting shall be submitted as part of each preliminary site plan for the Property,
unless the Owner elects in its discretion to submit a comprehensive Rainfall Harvesting plan with the first
preliminary site plan for the Property. Final Rainfall Harvesting design and engineering documentation shall
be submitted with each final site plan and with the building plans for the Property (unless the Owner has
elected to submit a comprehensive Rainfall Harvesting plan with the first preliminary site plan for the
Property, in which case the final comprehensive Rainfall Harvesting design and engineering documentation
shall be submitted with the first final site plan and building plans for the Property). In addition, the roofs of
all buildings within the Project shall utilize energy efficient roofing materials with a high insulation value
(insulation value of at least R-19). In addition, the Owner shall select a roof material in an earth -tone color
that satisfies the Monticello viewshed guidelines as determined by the Thomas Jefferson Foundation. Prior
to final site plan approval the Owner shall provide written documentation to the County Director of
Community Development that the Thomas Jefferson Foundation has approved the proposed roof material
color for the buildings within the Property.
11. Intentionally Omitted.
12, Transit Funding. Prior to the issuance of the first certificate of occupancy within the Project,
the Owner shall contribute cash to the County or to its designee (which may include a regional transit
authority) in the amount of One Hundred Thousand Dollars ($100,000) to be used for capital and/or
operating expenses related to the extension of public transit service to the Property (either to the Bent Creek
Road or Avon Street entrances to the Project, or to the interior developed area of the Project). Such cash
contribution may also be used towards the formation, capitalization and operation of a regional transit
authority whose service area includes the Property. If such cash contribution is not expended for the
purposes described in this paragraph 12 within five (5) years from the date of such contribution, all
unexpended funds shall be refunded to the Owner. This paragraph 12 shall be subject to the Cash Proffer
Annual Adjustment Terms.
theme.
13. Architectural Consistency. Buildings within the Project shall have a consistent architectural
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0
7721931_9.0OC
WITNESS the following signatures:
NEW ERA PROPERTIES, LLC
a Virginia limited liability company
By: Rivett Bend Management, Inc.
a Virginia corporation, its Manager
By:
Coran Capshaw, President
Date: 116 /J&
AVON HOLDINGS, LLC
a Virginia limited liability company
By: River Bend Management, Inc.
a Virgi7'=er
By:
Coran Capsshaw, President
Date: a 16 1l';,
10
31 L.
1001
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