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ZMA201600016 Application 2016-08-15
FOR OFFICE USE ONLY ZMA # TAX MAP PARCEL(s): 07800-00-00-021 BO SIGN # Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, list those tax map and parcel numbers Fee Amount $ Date Paid By who? Receipt # Ck# By: FROM LI ZONING DISTRICT A lication for pp Zoning Map Amendment'h. } ` PROJECT NAME: (How should we refer to this application?) Woolen Mills TAX MAP PARCEL(s): 07800-00-00-021 BO Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, list those tax map and parcel numbers None PROPOSAL: REZONE 10.39 ACRES PROPOSAL: AMEND ZMA - FROM LI ZONING DISTRICT by doing the following: TO C-1 ZONING DISTRICT ❑ By adding Acres EXISTING COMP PLAN LAND USE/DENSITY: from Zoning District Community Mixed Use/Neighborhood Density Residential to Zoning District LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: ❑ Amend an existing Planned District 2100 E. Market St. ❑ Amend existing proffers CONVENTIONAL DISTRICTS—RA, VR, R-1, R-2, R-4, ❑ Amend a Code of Development R-6, R-10, R-15, C-1, CO, HC, LI, HI, and DCD zoning districts EXISTING COMP PLAN LAND USEIDENSITY: PLANNED DEVELOPMENT DISTRICTS - MHD, PRD, PUD, NMD, PDMC, PDSC, and PD -IP zoning districts. LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: Are you submitting a preliminary site plan with this application? ❑ YES m NO Are you submitting a preliminary subdivision plat with this application? ❑ YES m NO Are you proffering a plan with this application? 0 YES ❑ NO Contact Person (Who should we call/write concerning this project?): Peter J. Caramanis / Royer, Caramanis & McDonough, PLC Address 200-C Garrett St. City Charlottesville state VA zip Daytime Phone C_) 260-8767 Fax # (_) 710-4061 E-mail pcaramanis@remplc.com Owner of Record Collett M. Thach Trust and Edith C. Thach Trust Address c/o Contact Person above City state Zip Daytime Phone (_) Fax # ( ) E-mail Applicant (Who is the Contact person representing?): Woolen Mills, LLC / Brian Roy (Contract Purchaser) Address c/o Contact Person above City Daytime Phone (___) Fax # _) E-mail State Zip County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Zoning Map Amendment Application Revised t 1/02/2015 Page 1 of 4 Section 15.2-2284 of the Cade of Virginia states that, "Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality." REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE OFFICIALLY SUBMITTED m One (1) completed & signed copy of the appropriate checklist (see list on page 3). m One (1) copy of the Pre -application Comment Form received from county staff One (1) copy of any special studies or documentation as specified on the Pre -application Comment Form m Seventeen (17) folded copies of a Conceptual Plan for conventional zoning districts (see districts on page 1) OR ❑ Seventeen (17) folded copies of an Application Plan for planned development districts (see districts on page 1) m Seventeen (17) copies of a written narrative with section TITLES as follows: • PROJECT PROPOSAL The project proposal, including o its public need or benefit; (be as descriptive as possible) For proposed Neighborhood Model District (NMD) - Provide a statement describing how the proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the neighborhood model delineated in section 20A.1 of Chapter 18 are missing from the application, then provide ajustification as to why any characteristics cannot or should not be provided with the proposal. • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; Proposed Neighborhood Model District (NMD) -Provide anarrative as to the project's consistency with the neighborhood model. • IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURE The proposed project's impacts on environmental features. • PROPOSED PROFFERS TO ADDRESS IMPACTS The proposed proffers to address impacts from the proposed project. Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district classification would allow. By State Code, proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezoning must give rise to the need for the proffers; the proffers must be related to the physical development or physical operation of the property; and the proffers must be in conformity with the Comprehensive Plan. REQUIRED ATTACHMENTS CONTINUED Zoning Map Amendment Application Revised 11/02/2015 Page 2 of 4 ❑ One (1) cony of a local traffic impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40. m One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. m One (1) copy of ownership information (if applicant is not also the owner). If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. See Attachment A in the Land Use Law Handbook for more information. m As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. For a Neighborhood Model District (NMD) - new or amendment of an existing NMD ❑ Seventeen (17) copies of the Code of Development satisfying the requirements of section 20A.5. ❑ One (1) copy of a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8, and transportation demand management strategies as provided in section 4.12.12; provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. ❑ One (1) copy of strategies for establishing shared stormwater management facilities, off-site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. OPTIONAL ATTACHMENTS: m Proffer Form signed by owner(s) (I copy). m Additional Information, if any. (17 copies) THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND STAFF DURING THE MANDATORY PRE -APPLICATION MEETING. ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION: CONVENTIONAL ZONING DISTRICT PLANNED DEVELOPMENT ZONING DISTRICT CHECKLIST PROFFER FORM (MS Word doe) STAFF ANALYSIS OF ZMA & SP REQUESTS WATER AND SEWER EVALUATION CHECKLIST PLANNING COMMISSION REQUEST FOR INFO Zoning Map Amendment Application Revised 11/02/2015 Page 3 of 4 Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude s ritten communication from also being sent via first class mail. August 15, 2016 Signature of Ow or Contract Purchaser Date Brian H. Roy, Manager of Woolen Mills, LLC Print Name 434-996-3904 Daytime phone number of Signatory Required FEES to be paid once the application is deemed complete: What type of Zoning Map Amendment are you applying for? ❑ Zoning Map Amendment of less than 50 acres $2,688 ❑ Zoning Map Amendment of greater than 50 acres $3,763 To be paid after staff review for public notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings he made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage D Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice+ actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250) ➢ Special Exception —provide written justification with application - $457 Other FEES that may apply: ❑ Deferral of scheduled public hearing atapplicant's request $194 Resubmittal fees for original Zoning Map Amendment fee of $2,866 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,344 Resubmittal fees for original Special Use Permit fee of $3,763 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,881 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance. Zoning Map Amendment Application Revised 11/02/2015 Page 4 of 4 PAY TO THE ORDER OF Woolen Mills LLC PO Box 1099 Charlottesville, VA 22902 o; N�Xmcudc Union Bank & Trust Co 1564 212 N Main St Bowling Green, VA 22427-9417 804-633-5031 nn _ DATE ki v J a -0i C - 68-316/ 514 !g f' ¢D IIu/1 '�c � DOLLARS MEMO L.1 ° \ t t �� Iicacn I100 L SG I, llmI:D5 L 40 3 L 64 t:n•8 3 5 3 3 1884 F3im LETTER OF AUTHORIZATION The undersigned, as owners of the property the real property identified as Tax Map and Parcel 78- 21B in Albemarle County, Virginia, do hereby authorize Woolen Mills, LLC, its manager, Brian Roy, and its authorized contractors/agents (Royer, Caramanis & McDonough, PLC) and related entities, to act as "Applicant' in the processing of all applications, permits, and other related activities associated with the processing, planning, design review, and permitting/entitlement of a mixed use development on said property, including the authority to sign zoning and permit applications on our behalf. Without limitation, this authorization specifically permits the filing of a rezoning application of the property to the C-1 district and associated proffers filed therewith. Further, by signing below John R. Thach certifies Woolen Mills, LLC/Brian Roy are the Contract Purchasers under an existing Option agreement for the subject property, and that he is authorized under the applicable Trust instruments to execute this authorization. ohn R. Tha Succe rustee Of the Collett M. Thach Trust �5�(� m R. T ac , uccessor Trustee Of the Edith C. Thach Trust Application for Zoning Map Amendment Parcel: 07800-00-00-021 BO Project: Woolen Mills PROJECT PROPOSAL Applicant proposes to rezone the Property to C-1 to facilitate the development of a mixed use project that will preserve, restore and reinvigorate the historic Woolen Mills property. The Property is unique to the County and the region and presents the community with a critical and beautiful window into a significant part of our local history. Unfortunately, the Property is presently underutilized and is a "hidden" gem, rather than the inviting and community defining space it could be. It is the applicant's intent through this application to facilitate the future re- use and reinvigoration of this site. The property's enhancement, as proposed herein, will also allow for more open public access to the Rivanna River, an underutilized treasure in our community. This type of thoughtful development along the River is strongly favored by both the City and County. Historically, the Property was a hub for the community when it was an operational factory. The beautiful historic building remains, but is not equipped to handle today's industrial needs. The cost of renovating the building for manufacturing use today would be prohibitive and the required renovations would destroy the historic aspects of the building. Nevertheless, this building can still be productively used and preserved, and other parts of the Property can still be used to provide for some light industrial uses. The applicant intends to protect and preserve the historic buildings while renovating them for mixed use, including residential units, live/work space, offices, a restaurant, light industrial uses, and some common space. The existing buildings abut other properties that are residential as it serves as the centerpiece of the historic Woolen Mills neighborhood. On the other side of the property, however, you do find commercial and industrial uses, and it is on that portion of the Property that the applicant desires to construct a new building for commercial use of a light industrial nature. These buildings can exist in harmony with the residential and mixed uses of the original structures while accommodating light industrial and office uses of today. By doing so, this Property can serve as a transitional property between the nearby residential properties in the City, the adjacent residential County properties, and the commercial/industrial properties on the Broadway St. side. In addition, the renovation of the Property is proposed to include the development of green spaces and interconnection with the nearby Rivanna Trail system, to allow and encourage the public to explore the beauty and historic nature of this waterfront property. Attached hereto as Exhibit A. B and C are plans showing the layout of the existing and proposed buildings on the property and the nature of their intended uses. In addition, you will note an area along the river labeled "Potential Kayak Area" which is available and intended for a commercial, outdoor recreation use that takes advantage of the natural surrounding greenspace and waterway. As shown on those exhibits, the uses within the rezoned Property would include by -right uses under C-1 including, potentially and without limitation, laboratories/research facilities, manufacturing/processing facilities, administrative/professional offices and eating establishments. Additionally, Applicant will seek a special use permit to allow for the residential uses as permitted by right in the R-15 district. Residential use will be no more than 55% of the total built square footage and leased outdoor area of the Property as set forth in the Comprehensive Plan designation for this Property, and more particularly described below. CONSISTENCY WITH COMPREHENSIVE PLAN In 2015, the Board of Supervisor approved an amendment to the Comprehensive Plan as a precursor to this rezoning application. The same proposal was presented to the Board at that time and was very well received. Attached hereto as Exhibit D is the result of that Comprehensive Plan amendment which specifically provides for Office/R&D/Flex/Light Industrial use on the Property. If further specifically provides that "Residential use of a portion of the historic former mill buildings as part of a mixed use development may be appropriate if the buildings are removed from the floodplain and provided that at least 45% of the total built square footage and leased outdoor area of the mill property is used non -residentially in employment -generating and commercial uses." Applicant has been working diligently since that Comprehensive Plan amendment was adopted to have the floodplain revised by FEMA to allow for such residential development which is necessary to the feasibility of this mixed-use project, and now that such floodplain amendment is expected in the short term, has filed this rezoning application to keep the Project moving forward. It is a stated objective within the Comprehensive Plan to "Pursue additional protection measures and incentives to preserve Albemarle's historic and archaeological resources in order to foster pride in the County and maintain the County's character." This proposed amendment will do that by providing the flexibility necessary to preserve and reuse the existing historic buildings, while opening up the Property to be more welcoming to the community as a whole. The Woolen Mills story is one that should not be lost, and should not only be known to the community, but should be a source of pride. Sadly, many County residents have not seen this beautiful Property because there is nothing drawing them there. Connecting the Rivanna Trails through this Property and having some mixed uses there that provide work, home and entertainment possibilities will help to preserve this piece of history. As the Comprehensive Plan states, "choices about growth and change should include the preservation of historic buildings and structures. Adaptive reuse may be a practical approach to preserving these important historic resources." Needless to say, with the Comprehensive Plan having been amended to specifically allow for this Project, the proposed project is very consistent with the Comprehensive Plan. IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The Project will be served by public roads, water and sewer. As stated above, the main entrance to the Project will be from Broadway St. which is presently capable of handling the traffic needs of this Project. IMPACTS ON ENVIRONMENTAL FEATURES This Project will have no adverse impacts on environmental features. On the contrary, the Project will facilitate improved and adapted use of green spaces, create more green spaces accessible to the public and preserve the historic beauty of the area through the renovation and preservation of the existing mill buildings. New walking trails will welcome the public to view a beautiful part of the County that may otherwise be lost to history. PROPOSED PROFFERS TO ADDRESS IMPACTS See attached proffer form. MME I -- z w 73 r O J w w w J z w O O A1.00 LIGHT INDUSTRIAL 20,000 SF (PER STORY) 40,000 TOTAL FOR TWO STORIES e WEST, d EMEM M z W O O G2.01 Woolen Mills Redevelopment Area Schedule (Gross Building) Name Area LIVE WORK (Existing 1 Story East) - 50% 3,071 LIVE WORK (Existing 1 Story Loft) - 50% 1,300 LIVE WORK (Existing 1 Story West) - 50% 3,616 LIVE WORK (Existing 1 Story Loft) - 50% 1,300 7,232 10,673 4,538 Non Residential Total 71.730 RESIDENTIAL (Existing 1 Story East) RESIDENTIAL (Existing 1 Story Loft) LIVE WORK (Existing 1 Story East) -50% LIVE WORK (Existing 1 Story Loft) - 50% LIVE WORK (Existing 1 Story West) - 50% LIVE WORK (Existing 1 Story Loft) - 50% RESIDENTAIL (Existing 4 Story- 1st Floor) RESIDENTIAL (Existing 4 Story- 1st Floor) RESIDENTAIL (Existing 4 Story- 2nd Floor) RESIDENTAIL (Existing 4 Story - 3rd Floor) RESIDENTAIL (Existing 4 Story- 4th Floor) RESIDENTIAL (Furniture Shop) Residential Total Total 6,143 2,600 3,071 1,300 3,616 1.300 5,914 8,357 17,246 17,228 17,246 2,008 157,759 45.5% 54.5% C 16. Woolen Mills (Figure 26) is an existing Center that is not immediately adjacent to the rest of the Southern Neighbor- hood. Am important industrial area is located on Broadway Street. To the east and extending into the City of Charlottesville north of the railroad tracks is the Woolen Mills National Register Historic District. The area has an existing mixture of industrial, residential, green -space, and community recreational uses. Figure 26: Woolen Mills Center Portions of the area are recommended for Office/R&D/Flex/Light Industrial use. The property on which the historic former mill buildings are located is recommended for Community Mixed Use. Environmentally sensitive areas are designated as Parks and Green Systems. The Moore's Creek wastewater treatment plant is an Institutional use. This neighborhood has been identified by the City and the County for future joint planning efforts for the Rivanna River corridor where employment, tourism, and recreational activities are expected along with improvement of water quality and stream buffers. The floodplain of Moore's Geek is extensive near this Center and several existing buildings in the Woolen Mills area are in the floodplain. Three of these buildings were part of the former mill whose operation spurred the development of the neighborhood. They are contributing structures to and key features of the historic district. Capitalizing on the historic district and proximity to the City, the mill property has potential to become a new vibrant center that serves some of the economic needs of both the County and the City. Preservation of the historic property is desirable; however, the ability to intensify the existing use may be affected by the presence of the floodplain. If grading and fill in the floodplain can be done without increasing flood elevations or flood potential, then intensification of use may be appropriate to preserve the architectural and historic integrity of the mill buildings. Residential use of a portion of the historic former mill buildings as part of a mixed-use development may be appropriate if the buildings are removed from the floodplain and provided that at least 45% of the total built square footage and leased outdoor area of the mill property is used non - residentially in employment -generating and commercial uses. Although formerly recommended for industrial use, several residential parcels near the center on Market Street are now recommended as Neighborhood Density Residential. These properties provide homes to Albemarle County residents and the depth of the lots would not easily support redevelopment to industrial uses. Continued residential use is expected; however, in the future the houses could be redeveloped for non-residential uses, such as offices. It is the County's intent that the development of this area should respect its historic designation— including the City of Charlottesville's local designation—and should maintain its identity as both a historic link between the City and the County and as a cultural and historic link between the community and the Rivanna River. A primary consideration in the review of proposed development will be a commitment to the preservation and adaptive reuse of the historic structures and site. This includes attention to both the architectural and the archeological integrity of the site, specifically the documentation and protection of identified cultural and historic resources. Other Areas of Importance In addition to specific Centers, there are several areas within the Southern and Western Neighborhoods that are important due to significant development potential. These areas are described on the following pages. Page f of e T C A 0 X R P E X E M P Mimi I■ ■ Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.00) Data of Instrument: [8/26/2009 ] Instrument Type: [DG ] Number of Parcels [ I Number of Pages [ 7] City❑County© [Albem 012133 IIIII��ININIINIIININpI�IININIIININIIINIINIINNq�ININII Recorded: BB%27 2008 etT1f1g3O49 AM Fee Amt: $23.00 Pape 3 of 0 Albemarle County VA a bra M. ehlpp 01erk File# 2009-00012133 SK3790 Pa451-458 (Box for Dead Stamp Only) ITHACH I[COLLETT ][M j[ ] (TRACH ] [EDITH ] [C ] [ ] First and Second Grantees Lest Name First Name I Middle Name or Initial auPox [THACH TR ] [COLLETT HIM ] [ ] [COLLETT M THACH T ] [ ] [ ] [ ] Grantee Address (Name) (COLLETT M THACH TRUSTEE ] (Address 1) [COLLETT M THACH TRUST & EDITH C THACH TRUST ] (Address 2) [PO BOX 255 ] (City, State, Zip) [IVY ] [VA] [22945 ] Consideration [0.00 ] Existing Debt 10.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County❑ [ J Percent. In this Juris. [ 1001 Book [ J Page [ J hair. No [ ] Parcel Identification No (PIN) [078000000021B0 ] Tax Map Num. (If different then PIN) [SAME ] Short Property Description [10.39 ACRES, MORE OR LESS ] Current Property Address (Address l) [ J (Address 2) [ ] (City, State, zip) [ ] [ J [ J Instrument Prepared by [MCCALLUM & KUDRAVETZ PC ] Recording Paid for by [MCCALLUM & KUDRAVETZ PC j Return Recording to (Name) (MCCALLUM & KUDRAVETZ PC ] (Address 1) [250 EAST HIGH STREET ] (Address 2) [ J (city, State, Tip) [CHARLOTTESVILLE I[VA 1[22902 ] Customer Case ID [.7043 ] [ ] [ j Cover Sheet Page # 1 of 2 Book: 3790 Page: 451 FileNumber:2009.00012133 Seq: 1 Page 2 of B Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form B (ILS VLR Cover Sheet Agent 1.0.801 T G G C Date of Instrument; [8/26/2009 ), A R R 0 Instrument Type: [OG ) X A A R N N P Number of Parcels [ 1) E % T o T E Number of Pages I 7]_._...._.._..__....._._._ --------- ___------------ __............ E R E city ❑Courly❑x [Albemarle County ) (Box for Deed Stamp Only) M P Grantors/Grantees/Parcel Continuation Form B T Last Name First Name _ �_ _middle Nama or Initial Suffix (EDITH C THACH TRUST[ Prior Instr. Recorded at: City ❑ County❑ [ ] Percent. in this Juris Book [ ) Page [ ] Indy. No [ ] Parcel Identification No (PIN) [ ] Tax Map Num. (If different than PIN) [ ] Short Property Description [ ] [ ) Current Property Address (Address 1) [ ] (Address 2) [ ] (city, State, zip) [ ] [ 1 [ 1 I�� rip Cover Shoat Page # 2 of 2 Book: 3790 Page: 451 FileNumber:2009-00012133 Seq:2 Page 3 of 8 012133 THIS DEED IS EXEMPT FROM ANY RECORDATION TAX PURSUANT TO SECTION 58.1-811A.12 OF THE CODE OF VIRGINIA PREPARED BY: MCCALLUM & KUDRAVETZ, P.C. 250 RAST HIGH STREET CHARLOTTESVILLE, VA 22902. (434)293-8191 Parcel ID 07800-00-00-021BO THIS DEED made this 26th day of August, 2009, by and between COLLETT M. THACH and EDITH C. THACH, husband and wife, the Grantors; and COLLETT M. THACH, TRUSTEE of the COLLETT M. THACH TRUST, under Trust Agreement dated August 24, 2009, and COLLETT M, THACH, TRUSTEE of the EDITH C. THACH TRUST, under Trust Agreement dated August 24, 2009, the Grantees, whose address is P.O. Box 255, Ivy, Virginia 22945; WITNESSETH: THAT WITHOUT CONSIDERATION, the Grantors do hereby GRANT and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE a one-half undivided interest as tenant in common unto Collett M. Thach, Trustee of the Collett M. Thach Trust, under Trust Agreement dated August 24, 2009; and the remaining one-half undivided interest as tenant in common unto Collett M. Thach, Trustee of the Edith C. Thach Trust, under Trust Agreement dated August 24, 2009, in and to the following described property (the "Property"): All those certain tracts or parcels of land, together with all improvements thereon and appurtenances thereunto belonging, situated in the County of Albemarle, Virginia, and being more particularly described as follows: (1) All that certain tract or parcel of land, situated on Market Street Extended, containing 10.39 acres, more or less, and being more particularly described as Parcels C-1 and C-3 on plat of O. R. Randolph, Engineer, dated October 7, 1964, revised November 4, 1964, entitled "Parcels 'Cl', 'C2', and 'C3' comprising Parcel 'C"', and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 403, page 592; Book: 3790 Page: 451 FileNumber:2009-00012133 Seq:3 Page 4 of a (2) All right, title, and interest in and to the dam across the Rivanna River shown as "Woolen Mills Dam" on the plat referred to above, including the right to go upon Parcel D (shown in said plat) for access to the fish ladder and the northeasetem terminus of the dam; and (3) All right, title, and interest in and to that area immediately north of said dam described on the aforesaid plat by metes and bounds and designated "Area Upstream from Dam 1.55 + Acres", it being the intention of the Grantors to convey hereby any and all interest they have in such water and in the lands and river bed under such water; Being a portion of the property conveyed to the Grantors by Deed of Security Storage & Van Lines, Inc., a Virginia corporation, dated December 29, 1988, and recorded in the aforesaid Clerk's Office in Deed Book 1029, page 607. TO HAVE AND TO HOLD the Property, in fee simple, with the appurtenances thereunto belonging, upon the trusts and for the uses and purposes set forth herein and in the Collett M. Thach Trust dated August 24, 2009, and the Edith C. Thach Trust dated August 24, 2009 (the "Trust Agreements"). Full power and authority is hereby granted to the Trustees, and their successors, to protect and conserve the Property; to sell, contract to sell and grant options to purchase the Property and any right, title, or interest therein on any terms; to exchange the Property or any part thereof for any other real or personal property upon any terns; to convey the Property or any part thereof by deed or other conveyance to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber the Property or any part thereof, with or without consideration; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on the Property or any part thereof from time to time, for any period of time, for any rental and upon any other terms and conditions; and to release, convey or assign any other right, title or interest whatsoever in the Property or any part thereof, with or without consideration. Book: 3790 Page: 451 FileNumber:2009.00012133 Seq:4 Poae s or a No party dealing with the Trustees, or their successors, in relation to the Property in any manner whatsoever, and (without limiting the foregoing) no party to whom the Property or any part thereof or any interest therein shall be conveyed, contracted to be sold, loused or mortgaged by the Trustees shall be (a) obliged to (i) see to the application of any purchase money, rent, or money borrowed or otherwise advanced on the Property, (ii) see that the terms of the Trust Agreements have been complied with., (iii) inquire into the authority, necessity or expediency of any act of the Trustees, or (b) be privileged to inquire into any of the terms of the Trust Agreements. Every deed, mortgage, lease, or other instrument executed by the Trustees in relation to the Property shall be conclusive evidence in favor of every person claiming any right, title, or interest thereunder (a) that at the time of the delivery thereof the Trust Agreements were in full force and effect, (b) that such instrument was executed in accordance with the terms and conditions hereof and of the Trust Agreements and is binding upon all beneficiaries thereunder, (c) that the Trustees were duly authorized and empowered to execute and deliver every such instrument, and (d) if a conveyance has been made to a successor or successors in trust, or an appointment of a successor or successors has been made such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties, and obligations of its, her, his or their predecessor in trust. The Trust Agreements provide that the Trustees have the powers set forth in Virginia Code § 55-541.01 et seq. The word Trustee or Trustees as used herein shall include the singular and the plural, as the case may be, and any successor Trustee or Trustees. Collett M. Thach shall serve as Trustee of the Collett M. Thach Trust until his resignation, incapacity, or death. If he resigns or ceases to serve as Trustee for any reason, 3 Book: 3790 Page: 451 FileNumber:2009-00012133 Soo:5 Page a of a including incapacity or death, VNB Trust, N.A., in Charlottesville, Virginia, shall become successor Trustee. Collett M. Thach shall serve as Trustee of the Edith C. Thach Trust until his resignation, incapacity, or death. If he resigns or ceases to serve as Trustee for any reason, including incapacity or death, VNB Trust, N.A., in Charlottesville, Virginia, shall become successor Trustee. Pursuant to Virginia Code §55-20.2, the Property hereby conveyed shall have the same immunity from the claims of the Grantors' separate creditors as it would have had if it had remained a tenancy by the entirety. This conveyance is further subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats, and other recorded instruments, if any, constituting constructive notice in the chain of title to the Property hereby conveyed, which have not expired by a limitation of time contained therein or have not otherwise become ineffective, there being no intent by this deed to reimpose any such easement, condition, restriction or reservation. [Remainder of page intentionally left blank] 4 Book: 3790 Page: 451 FileNumber:2009-00012133 Seq:6 Page 7 of a WITNESS the following signatures and seals. C/4 r% /92 IT (SEAL) I'— (SEAL) Collett M. Thach (:6(et`f 771. /?.cG- - -7,;j A -(SEAL) Collett M. Thach, Trustee of the Collett M. Thach Trust, under Trust Agreement dated August 24, 2009 . COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE, to -wit: The foregoing instrument was acknowledged before me this 26th day of August, 2009, by Collett M. Thach, individually, and as Trustee of the Collett M. Thach Trust, under Trust Agreement dated August 244,, 20019. My Commission Expires6ho) • Notary Public EVA,1. IJEIER NOTARY PUBLIC REG, #188882 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPT. 30, 2811 Book: 3790 Page: 451 FileNumber:2009-00012133 Seq:7 Page 8 of 8 (SEAL) Edith C. Thach ( vdC41''%Ie- — 7ws%(SEAL) Collett M. Thach, Trustee of the Edith C. Thach Trust, under Trust Agreement dated August 24, 2009 COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE, to -wit: The foregoing instrument was acknowledged before me this 26th day of August, 2009, by Edith C. Thach. My Commission Expire 'an EVA J.BEIER NotaryPublq NOTARY PUBLIC REG. #188082 i COMMONWEALTH Of VIRGINIA MY COMMISSION EXPIRES SEPT 30, 2011 COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE, to -wit: The foregoing instrument was acknowledged before me this 26th day of August, 2009, by Collett M. Thach, as Trustee of the Edith C. Thach Trust, under Trust Agreement dated August 24, 2009. My Commission Expires:�.�ll�% EVA J. BEtER NOTARY PUBLIC Notary Public REG. #168082 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPT. 30, 2011 EWA.Filu=IENTSMach, Collott M.&Edith Mone Planning(0]843)1Deul to Tmst All, Co-2.doc RECORDED IN CLERKS OFFICE OF ALBEMARLE COUNTY ON August 27,2009 AT 11:43:43 AM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE 888.1.802 STATE: $0.00 LOCAL: $0.00 ALBEMARLE COUNTY, VA DEBRA M. SHIPP CLERK Book: 3790 Page: 451 FileNumber: 2009-00012133 Seq:8 P.'. t M 6 58'7 I WITNESS the following signatures and seals: Collett M. Thach (SEAL) Edith C. Thach (SEAL) STATE OF VIRGINIA COUNTY OF ALBEMARLE, to -wit - 1. Shirley L. Thomas, a Notary Public in and for the County of f Albemarle in the State of Virginia, do hereby certify that COLLETT M. TEACH and EDITH C. TRACH, hose names are signed to the foregoing writing bearing date of December 1, 1964, have personally acknowledged the same before me this day within my County aforesaid. My commission expires: July 1, 1967. Given under my hand this 26th day of December, 1964. ' i Shirley L.*Thomas Notary Public P VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, December 28, 1964. This deed was presented to me in said office and with certificate annexed admitted to record at 4:10 P. M. � Teste: Clerk n unnanunvu+Pa xu-J THIS DEED, made this 1st day of December, 1964, by and between ` Charlottesville j Woolen Mills,Inc. CHARLOTTESVILLE WOOLEN MILLS, INCORPORATED, a'Virginia Corporation, party - To: B & S of the first part, and SECURITY STORAGE AND VAN LINES, INCORPORATED, party of` � Security Storage the second part, 1 & Van Lines,Inc. St. Tax $ 78.00 Co. Tax 26.00 W I T N E S S E T H: ( Trans. 1.00 Plat 1.00 Fee 10.00 i Paid 11 .00 WHEREAS, all of the remaining assets of Charlottesville Woolen Mills, Incorporated, consisting of certain real estate and appurtenances situated in Charlottesville and the County of Albemarle, Virginia, have been sold, and WHEREAS, in accordance with the provisions of Section 13.1 - 77 0£ in -w • 6S the Code of Virginia (19501 as amended) at a duly convened special meeting ofF 4 i the Hoard of Directors on September 4, 1964, such sale was recommended to they stockholders and, after due notice, at a properly convened meeting of the stockholders of Charlottesville Woolen Mills, Incorporated held on October 7, 1964 the respective sales for the considerations therein specified were apprOV� ed by a resolution adopted by the stockholders, and t WHEREAS, The conveyance of the following property was properly approved in said resolution (a certified copy of which is appended to this j deed) and the officers of the Corporation were authorized and directed to execute and deliver this deed. NOW THEREFORE, in consideration of the sum of FIFTY-TWO THOUSAND `I AND N0/100 DOLLARS ($52,000.00), cash in hand paid by the party of the second.t part to the party of the first part, receipt of which is hereby acknowledged, t Book: 403 Page: 587 FileNumber: 1964,99961411 Seq: i t�✓lVVl�e :1 the party of the first part does hereby GRANT, BARGAIN, SELL and. CONVEY with pq GENERAL WARRANTY OF TITLE unto the said Security Storage and Van Lines, Incor- porated, the following tract of land (referred to as Parcel C in said resolu- tion , esolu- tion, but for purposes of clarity referred to in the following description as Parcels "C1", "C2" and 11011) containing an aggregate of 11.07 acres, more or less, situated in the County of Albemarle, Virginia: parcel "Cie consisting of 9.10 acres, more or less; Parcel "C2" consisting of .68 acres, more or less, and Parcel "C3" consisting of 1.29 dl acres, more or less, together with all improvements thereon and appurtenances i thereunto belongink, being shown and described on a plat of 0. R. Randolph, Engineer, dated October 7, 1964 (revised November 4, 1964) entitled "Parcels ,Cie, IC21 & fC31 comprising Parcel 101", attached to and made a part of this deed. The. property hereby conveyed consists of portions of the following property acquired by Charlottesville Woolen Mills, Incorporated: Parcel of 13 acres by's deed of John L. Cochran, at al, dated December 14, 1870, of record in the Clerk's Office of the Circuit court of said County in D. B. 66, p. 58; (2) Parcel of 3-49/80 acres by a deed of John L. Cochran, at al, dated September 5, 1887, of record in said Clerk's Office in D. B. 90 p. 284, plat f at p. 286; (3) Parcel of 2 acres by a deed of John L. Cochran, at al, dated June 4, 1889, of record in said Clerkfs Office in D. B. 93, p.. 389, plat at p. 390; (4) Parcel of 12 acres by a deed of John L. Cochran, at al, dated 1 April 11, 1891, of record in said Clerk's Office in D. B. 95, p. 258, plat at { p,-260; also see plat of record in said Clerk's Office in D. B. 93, p. '.72 fo ' a composite of. Items (2), (3) and (4). The following are certain rights and privileges known to appertain to Parcel C (Parcels C1, C2 and C3), but it is the intention of the party of 5 the first part to convey all such rights and privileges and they shall not be 1 limited to this list (all references are to the Clerk's Office of the Circuit FCourt of Albemarle County): (a) Water line rights as set forth in an agree- ment dated December 24, 1921 with C & 0 Railway, D. B. 178, P. 588; (b) Rights to lay and maintain two water lines across certain property lying between the C & 0 Railroad and East Market Street as set forth (i) in an instrument from Albert Birckhead, dated February 2, 1948, D. B. 277, P. 506, (11) in a deed Y Ij from the Darty of the first part to the C & 0 Railway, dated January 2, 1949, u D. B. 283, p. 17 and (111) in an instrument from C & 0 Railway, dated January 5, 1949, D. B. 283 p. 21; (c) rights of ingress and egress over the 25' Pri- vate Road as shown on the plat in D. B. 338, p. 305, such right having been rd - served by the party of the first part as each of the lots on said plat was iy conveyed off; (d) right to use and maintain an overhead steam line crossing Lots 3 and 4 as shown on said plat in D. B. 338, e. 308, such rights having Ibeen reserved in a deed dated February 17, 1958 conveying Lot 32 in D. B. 338, P. 305 and a deed dated February 17j.1958 conveying Lot 4, in D. B. 339, p. 3%, (e) all right, title and interest in the area marked 11251 R.D.W." across the northern extremity of Lot 1 as shown on said plat in D. B. 338, p. 308; (f) all right, title and interest in and to the 11121 Fire Lane" running in a northerly direction to the southern margin of the C & 0 Railway right of way Book: 403 Page: 587 File Number: 1964-99961411 5eq:2 as shown on said plat in D. B. 338, p. 308, such right having been reserved in the deed conveying Lot 2, dated February 17, 1958, Sn.D. B. 338, p. 400 and in the deed conveying Lot 1, dated March 28, 1958, in D. B. 339, P. 144; (9) i the right to use and maintain the overhead stream line across Parcel ^R" more fully described in a deed dated December 1, 1964 from the party of the first part to Victor A. Lester to be hereafter recorded, the route of said steam line being shown on the plat recorded with that deed, and also the right to use service road over "R". ` Parcel C (Cl, C2 and C3) is conveyed subject to the following matters (all references are to the Clerk's Office of the Circuit Court of Albemarle County): (a) right to lay and maintain a pressure pipe from a parcel i on Moorets Creek over and across Parcel C to the Rivanna River as is more fully set forth in a deed from the party of the first part to R. E. Young, dated July 14, 1916, D. B. 163, p. 139; (b) a right of way for the laying and main- taining of a 10" water line paralleling the C & 0 Railway track and south of East Market Street as set forth in an agreement with the C & 0 Railway, dated December 24, 1921, D. B. 178, p. 588; (c) Power line right of way granted to :Virginia Public Service Company by a deed dated January 1, 1927,.D. B. 198 p. 527; (d) a right of way for sanitary sewer lines granted to the County of Albemarle by a deed dated February 26, 1936, D. B. 231, p. 75; (e) a right of sway for the laying and maintaining of a water line granted to the Thomas 'Jefferson Memorial Foundation by a deed dated August 11; 1954, D. B. 312 P. 383; (f) a right of way granted to the City of Charlottesville for water and sewage lines in an instrument dated April 20, 1957, D. B. 336, p. 105;(8) a general easement without specified route granted to American Telephone and 'Telegraph Company of Virginia by an instrument dated February 11, 1958, D. B. 338, P. 337; (h) a right of way for the laying and maintaining of sewer and water lines granted to the City of Charlottesville by a deed dated July 10, 1958, D. B. 342, p. 197. - That for and in consideration of the sums hereinabove specified, the party of the first part does further GRANT, BARGAIN, BELL and CONVEY with ;SPECIAL WARRANTY OF TITLE to Security Storage and Van Lines„ Incorporated, the following property situated in the County of Albemarle, Virginia: (1) all right, title and interest in and to the dam across the iRivanna River shown as "Woolen Mills Dame on the aforementioned attached plat,. ;including the right to go upon Parcel D for access to the fish ladder and the northeastern terminus of the dam. (2) all right, title and interest in and to that area immediately 'north of said dam described on the attached plat by metes and bounds and designated "Area Upstream from Dam 1.55 + Arses" consisting at this time primarily of impounded water but it being the intention of the party of the first part to convey hereby any and all interest it has in such water and in the lands and river bed under such water. As to Parcels Cl, C2 and C3, but subject to the above enumerated 'matters affecting those parcels, the party of the first part covenants that it Is seised in fee simple of the property hereby conveyed; that it has a perfect- right erfectright to convey the some; that said property is free from encumbrances of any i Book: 403 Page: 587 FileNumber: 1964-99961411 5eq; 3 TIM a i kind; and that it will execute such further assurances as may be requisite to secure to the said party of the second part quiet possession and enjoyment thereof. IN TESTIMONY WHEREOF, said Charlottesville Woolen Mills, Incor- porated has caused its name to be signed hereto by William I•. Kbnt, its Presil dent, and its corporate seal to be hereunto affixed and attested by Warren T. Kent, its Treasurer, such acts having been duly authorized by the oforesai Resolution of the stockholders of the Charlottesville Woolen Mills, Incor- p porated. . (SEAL) CHARLOTTESVILLE WOOLEN MILLS, ATTEST: '! Warren T. Kent, Treasurer INCORPORATED By: William I. Kent, President ' STATE OF PENNSYLVANIA COUNTY OF DELAWARE, to-wit.- 1, o-wit:I, James J. McFadden, a Notary Public in and for the County of Delaware, in the State of Pennsylvania, do hereby certify that William I. Kent, President of Charlottesville Woolen Mills, Incorporated, and Warren T. Kent, its Treasurer, whose names are signed to the foregoing writing bearing date December 1, 1964, have and each has acknowledged the same before me in my County aforesaid. Given under my hand this 14th day of December, 1964. My commission expires: let Mon. In January 1978. (SEAL) James J. McFadden, Notary Public Pursuant to a recommendation of the Board of Directors set forth in a resolution adapted at a special meeting of the Board on September 4, 1964, BE IT RESOLVED that the Stockholders of Charlottesville Woolen Mills, - Inc., do hereby authorize the sale of the plant and real estate in Charlotte villa and Albemarle County, Virginia, to the following purchasers, or their assigns, for the considerations specified and in compliance with the terms and conditions of the respective sales agreements, dated July 23, 1964, with , said purchasers: r 'I Purchase Address Parcel Price Charles W. Hurt 402 Park St. Charlottesville A,B $ 1,025 jCollett M. Thach 605 Rivanna Ave, 1 i Charlottesville C $52,000 !George T. Huff Free Union, Va. D $ 450 i Cole E. Digges, III 2421 Sunset Rd. I Charlottesville E $ 750 ,George T. Huff Free Union, Va. F,G,H $20,880 Charles W. Hurt 402 Park St. Charlottesville I $ 4,900 ;Collett M. Thach 936 Rugby Rd. Charlottesville K $ 4,500 'George T. Huff Free Union, Va. L $ 2,500 J. L. Lively, Jr. 205 Parkway, ' Charlottesville M,N $ 1,550 ^Albert L. Gianniny 1006 Elliott Ave. I Charlottesville O,P,Q $ 1,500 qV. A. Lester 1001 Cherokee Trail Martinsville R $ 7,500 Book: 403 Page: 587 FileNumber: 1964.90961411 Seq:4 -991 It appearing that this Corporation possibly has certain rights in the flooded area and river bed immediately above the dam spanning the Rivera River, the dam itself and islands below the dam (reference the composite plant prepared by 0. R. Randolph) dated May 19, 1964, revised June 4, 1964, Drawing No. 2652 P), which rights were not actually set out in the aforesaid sales agreements, but since through such sales it is the Intention of this Corporation to dispose of any and all such rights appurtenant to and logically related to the above parcels, therefore, BE IT RESOLVED that said Stockholders do hereby authorize that such rights be quitclaimed to the respective purchaser of those parcels to which they appear appurtenant or logically related. BE IT FURTHER RESOLVED that the Officers of this Corporation be and they are hereby authorized and directed to execute and deliver any and all deeds and any other documents necessary and proper for the conveyance of said property in accordance with the terms and conditions aforesaid, and do any and all other acts necessary and proper for the perforiAance of the above authority. The foregoing is a certified copy of a resolution adopted at a duly convened special meeting of the Stockholders of Charlottesville Woolen Mills, Inc. held on October 7, 1964, 6&10) ATTEST: William I. Kent, PAW Warren T. Kent, Treasurer SEE PLAT NEXT PAOE1 Book: 403 Page: 587 File Number: 1964.99961411 Seq: 5 base eBqco4j /A tip, b % LO, W. ee 334 Te. 615' Al R TOTAL P4MGSLC 1I Al MM ZE e e Z5 70 'PAZCE L COM P�OPMMTV "WMD � R. VWOOLoMMLW PA ac F -Lb -c;. -C; 4-c; Campelblur, Pl4KELC- - o�oilp ILIIMAZPo LE COWIT-e, VA. CHA V LOTTE5VILM� WOOLE'M MILLS o-Q'Q 2qa . 0 ..3j WC, ed :i 0�6 o' O. rz. e &LJDO L PW D � 6 R 00ANDI)OLPH ki e U CERMIGAYE No. 2852-C-1'2 54 17.4(,139 Du T}P 541lr31b131 '%. go: 587 FileNumber; 1964-99961411 Seq: 6 Book: 403 Pa go: 587 FileNumber; 1964-99961411 Seq: 6 azo=: �i rc'-7 1 WOOLEN MILLS REDEVELOPMENT nit g APPLICATION PLAN COUNTY OF ALBEMARLE, VIRGINIA 8/15/2016 t0k EL -5 �xmg'mmmosmn gs E wxXe aw Sheet Index .. em+rsnuEj '`. .a�E.,�.�w�r�E a��.==`°_ ._.. .�weno.a�aer=.. • � VICINITY MAP O w k� moi...®ems. g OQ DEVELOPER: V waw naa.:M. w.�,009mxo BR MANAGEMENT 0 0 'n`w,..an..r. P.O. BOX 1099 (� r/ C CHAROTTESVILLE, VA 22902 CONTACT: BRIAN ROY J TELEPHONE: (434) 996-3904 rJr ENGINEER OF RECORD: O z TIMMONS GROUP J 608 PRESTON AVE. SUITE 200 CHARLOTTESVILLE, VA 22903 CONTACT: CRAIG KOTARSKI, P.E. O 3 TELEPHONE: (434) 327-1686 _ 3]033 700