HomeMy WebLinkAboutSDP201600071 Action Letter Minor Amendment 2016-09-16 Christopher Perez
From: Christopher Perez
Sent: Friday, September 16, 2016 11:44 AM
To: 'Ellie Ray'
Cc: Frank Pohl; Megan Yaniglos; Francis MacCall; Sarah Baldwin; Margaret Maliszewski
Subject: Solar canopy charging station - Riverside Block 5
Attachments: FW: Riverside Block 5, Solar Canopy
Ellie,
Re: Solar canopy charging station- Riverside Block 5
Based on the following this proposal requires a minor amendment to SDP2015-60.
Engineering: Justin Shimp has been working with Frank Pohl on this item. Their work has been about the
proposed location of the structure being above the underground detention facility. Per the attached email a
revised stormwater maintenance agreement is required to be submitted with the proposal and recorded prior to
approval (see attached). County Attorney review/approval of the revised doc will be required.
ARB: One of the big unknowns at this point is the level of ARB review. ARB was involved with the rezoning
and the site plans for this site, so they will be required to review the amendment but to what level. Prior to
submitting you should get with Margaret to determine if she can review it administratively or if it will require a
full ARB application for ARB to consider. She is out of the office till Wednesday.If you can't wait till then just
submit the minor and she'll be a reviewer - if she needs a full ARB submittal that will come out in her review.
Zoning/Planning:
Parking—Parking cals need to be updated. During the review we'll have questions about the charging stations
and the number of parking spaces onsite. Some things to consider& for you to provide info on w/the submittal:
will these spaces be solely for the charging vehicles? If these spaces are in excess of the total number required
they may be able to be used solely for electric vehicles. If not, then they must be regular spaces that anyone can
use and not be designated as some are in the attachment.
Lighting—Will there be lights under the canopy? If so, a revised lighting plan will be needed. The location of
the proposed facility interferes with new light pole (lighting plan shows 3 lights in this area). What is happening
to these lights? Are they going away or being relocated onsite? Assure that info is on the plan.
Landscaping- Also, as discussed in the email below you are converting landscape areas into parking spaces.
This will require a revised landscape plan w/revised calculations proving it still meets the min landscape
requirements for the site.
Monticello Viewshed - This proposal is located in the Montichello Viewshed. Thus the site plan needs to be
sent to them for their consideration.
Hope this helps.
Christopher P. Perez I Senior Planner
Department of Community Development !County of Albemarle,Virginia
401 McIntire Road 1 Charlottesville,VA 22902
1
434.296.5832 ext. 3443
From: Christopher Perez [mailto:cperez(aalbemarle.orq]
Sent: Wednesday, September 07, 2016 11:27 AM
To: Ellie Ray
Subject: RE: Question on Riverside Block 5
Ellie,
I am not familiar with Riverside.
You are going to have to give me some more information.
What site plan are we talking about amending (SDP#)? It matters be I need to see how many LORs and Minors
this project already has on it. SDP20l 500060
What TMP is this on? To help me find it quicker. 078G0-00-05-000A0
What exactly is a solar canopy? A plastic roof over existing parking spaces supported by steel beams? Will
there be lights in the canopy? I don't know much about it...have asked Justin for info, will let you know.
How tall is the canopy? Same.
Is this project in the EC? If so ARB review w/be required? GIS says it isn't in the EC, but there was ARB
review previously (before the subdivision,maybe?)...so we're looking for guidance from you guys on this one.
Are you converting landscape areas into parking spaces? If so, a revised landscape plan or at a min revised
calculations proving it still meets the min landscape requirements will be required. Yep, small landscape
changes; we will document, of course.
Based on your email it seems as though it'd be a LOR but may be a minor. I'd like to get into the above b4
providing a final decision.
Christopher P. Perez 1 Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road 1 Charlottesville,VA 22902
434.296.5832 ext.3443
From: Ellie Ray [maiito:ellie@shimp-engineering.com]
Sent:Wednesday, September 07, 2016 11:07 AM
To:Christopher Perez<cperez@albemarle.org>
Subject: Question on Riverside Block 5
Hey Chris,
Our client wants to add a solar canopy and four new parking spaces to this site plan. I feel like there has been some
discussion of the solar canopy previously, but I was not involved, so I could be wrong about that.The canopy is roughly
2400 sf. I have attached a PDF showing the location of the four additional parking spaces and the canopy;can you
provide some guidance on what type of amendment application will be required? You can see the old curb lines in the
exhibit if that's helpful in any way.
Thanks!
E//ie Carter Ray, PLA, LEED GREEN ASSOCIATE
(434) 227-5140
2
Christopher Perez
From: Frank Pohl
Sent: Friday, September 16, 2016 10:02 AM
To: Christopher Perez
Subject: FW: Riverside Block 5, Solar Canopy
Attachments: Amendment to Riverside Maintenance Agreement-redline.docx
Frank V. Pohl, PE
County Engineer
County of Albemarle
(434) 296-5832 Ext. 7914
From: Frank Pohl
Sent:Thursday,September 15, 2016 5:06 PM
To: 'Justin Shimp, P.E.' <justin@shimp-engineering.com>
Subject: RE: Riverside Block 5,Solar Canopy
Justin,
Refer to attached.This will still need to come in for final review with the site plan amendment, or LOR, whichever is
decided with Chris and Ellie. Paragraph 5 revisions are my comments, so I am happy if your attorney can find a better
way to capture the intent.
Call or email with any questions/comments.
Frank
Frank V. Pohl, PE
County Engineer
County of Albemarle
(434) 296-5832 Ext. 7914
From:Justin Shimp, P.E. [mailto:iustin@shimp-engineering.com]
Sent:Tuesday, September 13, 2016 1:53 PM
To: Frank Pohl<fpohl@albemarle.org>
Subject: Fwd: Riverside Block 5,Solar Canopy
Hi Frank,
I'm sure you are still waiting on the CA to advise, but just wanted to check and see if you had any indications
from them on the adequacy of this document?
Thanks,
Justin Shimp,P.E.
434-953-6116
1
Begin forwarded message:
From: "Justin Shimp, P.E." <justin@shimp-engineering.com>
Subject: Riverside Block 5, Solar Canopy
Date: August 30, 2016 at 6:55:55 PM EDT
To: Frank Pohl <fpohl@albemarle.org>
Cc: "McKell, Jim" <jmckell a,woodsrogers.corn>
Hi Frank,
I've attached a deed that would amend the recorded stormwater maintenance agreement for
Riverside Village to expressly include a solar canopy as an item that is envisioned as being in the
easement that the County would have no responsibility for. I've CC'd Jim on this, if you feel
appropriate please feel free to put him in direct contact with the County Attorney.
As discussed previously, the condo association will be required to have reserves on hand for
maintenance and we can incorporate the potential to remove/replace this item into those reserves.
We have also figured that the return on this canopy will pay for itself perhaps multiple times
within the life cycle of the SWM system, so in theory, the community will have more money to
put towards maintenance than had the canopy never existed.
Thanks!
Justin Shimp, P.E.
434-953-6116
2
Christopher Perez
From: Ellie Ray <ellie@shimp-engineering.com>
Sent: Wednesday, September 07, 2016 11:48 AM
To: Christopher Perez
Subject: RE: Question on Riverside Block 5
Sorry about that,you reviewed a LOR for a slight building footprint change, so I thought you were familiar. It's called
Riverside Villaqe....forgot that part. See below for more info. I'll let you know as soon as I get the canopy info from
Justin.
Thanks!
Ellie Carter Ray, PLA,LEED GREEN ASSOCIATE
(434) 227-5140
From: Christopher Perez [mailto:cperez@albemarle.orq]
Sent: Wednesday, September 07, 2016 11:27 AM
To: Ellie Ray
Subject: RE: Question on Riverside Block 5
Ellie,
I am not familiar with Riverside.
You are going to have to give me some more information.
What site plan are we talking about amending (SDP#)? It matters be I need to see how many LORs and Minors
this project already has on it. SDP201500060
What TMP is this on? To help me find it quicker. 078G0-00-05-000A0
What exactly is a solar canopy? A plastic roof over existing parking spaces supported by steel beams? Will
there be lights in the canopy? I don't know much about it...have asked Justin for info, will let you know.
How tall is the canopy? Same.
Is this project in the EC? If so ARB review w/be required? GIS says it isn't in the EC, but there was ARB
review previously (before the subdivision, maybe?)...so we're looking for guidance from you guys on this one.
Are you converting landscape areas into parking spaces? If so, a revised landscape plan or at a min revised
calculations proving it still meets the min landscape requirements will be required. Yep, small landscape
changes; we will document, of course.
Based on your email it seems as though it'd be a LOR but may be a minor. I'd like to get into the above b4
providing a final decision.
Christopher P. Perez 1 Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road t Charlottesville,VA 22902
434.296.5832 ext.3443
From: Ellie Ray [mailto:ellie@shimp-engineering.com]
Sent: Wednesday,September 07, 2016 11:07 AM
To:Christopher Perez<cperez@albemarle.org>
Subject: Question on Riverside Block 5
Hey Chris,
1
Our client wants to add a solar canopy and four new parking spaces to this site plan. I feel like there has been some
discussion of the solar canopy previously, but I was not involved, so I could be wrong about that.The canopy is roughly
2400 sf. I have attached a PDF showing the location of the four additional parking spaces and the canopy; can you
provide some guidance on what type of amendment application will be required? You can see the old curb lines in the
exhibit if that's helpful in any way.
Thanks!
E//ie Carter Ray, PL4, LEED GREEN ASSOCIATE
(434) 227-5140
2
Solar CanopyConcept
Location: The River House at Riverside Village
For: Stony Point Design Build, LLC
Contents;
1. Examples of Similar Projects
2. More Examples
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
•
• November 25, 2013
Justin Shimp, P.E.
201 E. Main St., Suite M •
Charlottesville, Va.'22902
RE: ZMA201200002&SP201300001 Riverside Village
TAX MAP 78/PARCEL 58; TAX MAP 7813/SECTION 1/PARCELS 101 through 303
Dear Mr. Shimp:
On November 13, 2013, the Board of Supervisors approved the above noted requests on the above
noted parcels as follows:
Regarding ZMA201200002
Approval of request to rezone from R1 to NMD is subject to the Code of Development and application
plan/plan of development, both dated May 21, 2012 and revised September 6, 2013, and the '
attached proffers dated November 4, 2013. Please refer to these documents for any future applications
and requests on this property.
Regarding SP201300001
Approval of request to fill in the flood hazard overlay district is not subject to any conditions.
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 may lawfully begin until all applicable
approvals have been received and conditions have been met. This includes:
• compliance with applicable PROFFERS;
• compliance with requirements of the CODE OF DEVELOPMENT;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Before proceeding with further use of this property or should you have questions regarding the above-
noted action, please contact Rebecca Ragsdale at 296-5832.
Sincerely, .
V1Cii' berg
Director of Planning
cc: Gordonsville Realty Inves q ents I
2O0 Garrett_SLS.uitP 0
Charlottesville, Va. 22902
Original Proffers X
Amendment
PROFFER STATEMENT
ZMA Number: 2012-00002
Tax Map and Parcel Number: 07800-00-00-05800
Owner: Gordonsville Realty Investments,Inc.
200 Garrett Street, Suite 0
Charlottesville,,VA 22902
Date of Proffer Signature: November 4,2013
18.66 acres to be rezoned from Rl to NMD
Gordonsville Realty Investments, Inc, is the owner (the "Owner") of Tax Map and Parcel
Number 07800-00-00-05800 (the "Property") which is the subject of rezoning application ZMA
No. 2012-00002,a project known as "Riverside Village"(the"Project").
Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle
County Code),the Owner hereby voluntarily proffers the conditions listed below which shall be
applied to the Property if it is rezoned to the zoning district identified above. These conditions
are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions
are reasonable. Each signatory below signing on behalf of the Owner covenants and warrants
that it is an authorized signatory of the Owner for this Proffer Statement.
1. Park Land Dedication; Trails System. Within five (5) years after the date that
ZMA 2012-00002 is approved by the County,,or within thirty (30) days after the request of the
County,whichever is sooner,the Owner shall dedicate to the County for public use for parks and
open space resources an 8-acre park, (the "Park) more particularly shown as "Block 6" on sheet
4 of the Application Plan, dated May 21, 2012, revised September 6, 2013 and prepared by
Shimp Engineering, P.C. (the "Application Plan"). After it is dedicated to public use, the Park
maycontinue to be included in Project for the purposes of calculating total area of green space
and amenities within the Project. The Park shall continue to be subject to the Architectural and
j pe-Standards-far iverside_Vifagg, 2s set-forth h the ppro ed Code of evelopment
for ZMA 2012-00002. Any remaining green or open space land within the Property not
dedicated for public use shall be maintained by the Riverside Village Owner's Association. The.
dedication of the Park shall be in fee simple. If the Park land is not dedicated as part of a site
plan or subdivision plat, the Owner shall pay the costs of surveying the land and preparing the
deed of dedication. The Owner shall construct trails through the Park area as shown on sheet 7
of 8 of the Application Plan, within six (6) months after the approval by the County of the first
subdivision plat or site plan applicable to any portion of Blocks 2 through 5 of the Project. The
trails shall be constructed to the standards for a Class B trail, as shown in the Design Standards
Manual.
2. Affordable Housing. The Owner shall provide ten (10) affordable housing units
("Affordable Housing Units") in the form of for-sale and/or for-rent condominium or apartment
units. The Affordable Housing Units shall be subject to the requirements as set forth in Section
VI of the Code of Development. The Affordable Housing Units shall be constructed within
Block 1 and/or Block 2, as shown on the Application Plan. Before the Owner applies for a
building permit for the fortieth (40th) residential unit within the Property, the Owner shall have
offered for sale or rent, as provided herein, six (6) Affordable Housing Units within the Project.
Before the Owner applies for a building permit for the fiftieth (50th) residential unit within the
Property, the Owner shall have offered for sale or rent, as provided herein, all ten (10)
Affordable Housing Units within the Project.
A. For-Sale Affordable Units. All purchasers of the for-sale Affordable
Housing Units shall be approved by the Albemarle County Housing Office or its
designee. The Affordable Housing Units will be designed for households with incomes
less than eighty percent (80%) of the' area median income such that housingcosts
consisting of principal, interest, real estate taxes, and homeowners insurance (PITI) do
not exceed thirty percent (30%) of the gross household income. The Owner shall provide
the County or its designee a period of ninety (90) days to identify and prequalify an
eligible purchaser for the affordable units. The ninety (90) day period shall commence
upon written notice from the Owner that the unit(s)will be available for sale. This notice
shall not be given more than sixty (60) days prior to receipt of the Certificate of
Occupancy for the applicable Affordable Housing Unit; the County or its designee may
then have thirty (30) days within which to provide a qualified purchaser for such
Affordable Housing Unit. If the County or its designee does not provide a qualified
purchaser during the ninety (90) day period, the Owner shall have the right to sell the
unit(s) without any restriction on sales price or income of the purchaser(s). This proffer
shall apply only to the first sale of each of the for-sale affordable units.
B. For-Rent Affordable Units.
(1). Rental Rates. The initial net rent for each for-rent Affordable
Housing Unit shall not exceed the then-current and applicable maximum net rent rate
approved by the Albemarle County Housing Office. In each subsequent calendar year,
the monthly net rent for each for-rent Affordable Housing Unit may be increased up to
three percent(3%). For purpose of this proffer statement,the term "net rent"means that
the rent does not include tenant-paid utilities. The requirement that the rents for such for-
-_..__ rent= rdakrl lousing Unit ay ee he- ts-e blishesl �this
paragraph 2B shall apply for a period of ten (10) years following the date the certificate
of occupancy is issued by the County for each for-rent Affordable Housing Unit, or until
the units are sold as low or moderate cost unitsqualifying as such under either the
Virginia Housing Development Authority, Farmers Home Administration, or Housing
and Urban Development, Section 8, whichever comes first (the"Affordable Term").
(2). Conveyance of Interest. All deeds conveying any interest in the
for-rent Affordable Housing Units during the Affordable Term shall contain language
reciting that such unit is subject to the terms of this paragraph 2. In addition, all contracts
pertaining to a conveyance of any for-rent Affordable Housing Unit, or any part thereof,
. during the Affordable Term shall contain a complete and full disclosure of the restrictions
and controls established by this paragraph 2B. At least thirty_(30) days prior to the
conveyance of any interest in any for-rent Affordable Housing Unit during the Affordable
Term, the then-current owner shall notify the County in 'writing of the conveyance and
provide the name, address and telephone number of the potential grantee, and state that
the requirements of this paragraph 23(2),have been satisfied.
(3). Reporting Rental Rates. During the Affordable Term, within
thirty (30) days of each rental or lease term for each for-rent Affordable Housing Unit,
the then-current owner shall provide to the Albemarle County Housing Office a copy of
the rental or lease agreement for each such unit rented that shows the rental rate for such
unit and the term of the rental or lease agreement. In addition, during the Affordable
Term, the then-current Owner shall provide to the County, if requested, any reports,
copies of rental or lease agreements, or other data pertaining to rental rates as the County.
may reasonably require.
3. Cash Proffer for Park Master Plan. Within one (1)year after the date that ZMA 2012-
00002 is approved, or within thirty (30) days after the request by the County, whichever is
sooner, the Owner shall make a cash contribution to the County in the amount of Thirty
Thousand Dollars ($30,000.00) for the purpose of funding a master plan for the Park (the "Park
Master Plan"). If the Park Master Plan is completed for less than Thirty Thousand Dollars
($30,000.00), any remaining funds may be retained by the County and used to fund construction
or maintenance of the park. Albemarle County at it's sole discretion may choose to use this cash
proffer ($30,000) toward improvements to the existing Darden Towe Park in lieu of onsite park
planning and improvements.
4. Frontage and Other Road Improvements. Contemporaneously with, and as part of,
frontage improvements along Stony Point Road (Rt. 20) in connection with the first subdivision
plat or site plan for the Property, the Owner shall construct all turn lanes and improvements to
the horizontal alignment, vertical alignment and cross-section of Stony Point Road (Rt. 20) as
shown in the Application Plan, to provide safe and convenient access to Riverside Village.
Improvements constructed in accordance with this proffer shall be designed and constructed to
applicable Virginia Department of Transportation ("VDOT") standards, including, without
limitation, VDOT's Geometric Design Standard for an Urban Collector Road as such standards
may be amended from time to time.
Contemporaneously with, and as part of the first subdivision plat or site plan for the Property,
Owner shall dedicate sufficient land along the frontage of Stony Point Road (Rt. 20) to permit
the future widening of Rt. 20 by others, as shown on the Application Plan. Owner shall pay the
costs of surveying the land, preparing a subdivision plat creating theparcel to be dedicated for
review and approval by the County, and for preparing the deed of dedication.
Certain road improvements and dedicated portions of property for such improvements described
in this Proffer 4 exceed those required for the development of the parcel and are for the benefit of
the public.
5. Cash Proffers for Residential Units.
Subject to the credits for in kind and cash contributions as outlined below, the Owner shall
contribute cash for each new residential unit that is not classified as an Affordable Housing Unit
for the purposes of addressing the fiscal impacts of development on the County's public facilities
and infrastructure, i.e., schools, public safety, libraries, parks and transportation. The cash
contributions shall be at the following rates: Twenty Thousand Four Hundred Sixty and 51/100
dollars ($20,460.51) cash for each new single family detached dwelling unit, Thirteen Thousand
Nine Hundred Thirteen and 18/100 dollars ($13,913.18)cash for each new single family attached
or townhome dwelling unit, and Fourteen Thousand Four Hundred Ninety Seven and 77/100
dollars ($14,497.77 ) cash for each new multi-family dwelling unit. The cash contribution shall
be paid at the time of the issuance of the building permit for each new unit, unless the timing of
the payment is otherwise specified by state law; provided however that the cash contributions
shall not be made until the number of units have been completed that results in what would
otherwise have been a cash contribution of$971,189.00 (the"In-kind Contribution). The In-kind
Contribution reflects the value of the improvements that the Owner has committed to make in
these proffers that are for the benefit of the public. In other words, the Owner shall not be
required to pay the per unit cash contributions described herein until the time of the issuance of
the building permit for a new unit completed after applying a credit for the In-kind Contribution
of $971,189.00. In the event that the Project is completed prior to the balance of the In-kind
Contributions being exhausted, no remaining balance of the In-kind Contribution may not be
applied for any other project or development.
Beginning January 1, 2014, the amount of the cash contribution required by this proffer shall be
adjusted annually until paid, to reflect any increase or decrease for the proceeding calendar year
in the Marshall and Swift Building Cost Index ("MSI"). In no event shall any cash contribution
amount be adjusted to a sum less than the amount initially established by this proffer. 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 MSI as of December 1 in the
preceding calendar year, and the denominator of which shall be the MSI as of December 1 in the
----- -year=pr-eue ngthc-ealcndar year-.x ost=r-ecently=enderl— _._ —
Neil
OWNER:
Gordonsv' e Realty Investments,Inc.
11°
By: Paul B. 4. Mg
Title: President
Tax Map and Parcel Number:07800-00-00-05800
Christopher Perez
From: Francis MacCall
Sent: Friday, September 16, 2016 8:56 AM
To: Christopher Perez
Cc: Rebecca Ragsdale; Ron Higgins;Amelia McCulley
Subject: RE: Solar Canopy w/charging station for electric vehicles. G4 t�
It is a structure that changes an approved site plan thus needs to be approy with a site plan amendment. Will these
spaces be solely for the charging vehicles? It looks like 11 spaces not 8 on sheet 4. If these spaces are in excess of the
total number required then I think that they may be able to be used solely for electric vehicles. If not,then they must be
regular spaces that anyone can use and not be designated as some are in the attachment. I would like to hear what the
others think before I give a final answer.
One thing I have thought of in the past is that we implement a text amendment that states that if these charging
stations, with or without solar canopies, are to be provided in commercial of even residential districts that they be
required in excess of the total number of required spaces so that they can stand alone and be designated only for
electric vehicles.
So, I will let you know some more once I have heard from other what we may be able to do here.
Francis
From:Christopher Perez
Sent: Friday,September 16, 2016 7:38 AM
To: Francis MacCall <FMACCALL@albemarle.org>
Cc: Rebecca Ragsdale<rragsdale@albemarle.org>; Ron Higgins<rhiggins@albemarle.org>; Amelia McCulley
<AMCCULLE@albemarle.org>
Subject:Solar Canopy w/charging station for electric vehicles.
Francis,
Solar Canopy w/charging station for electric vehicles.
I'm trying to guide Ellie of Justin Shimp's office to the type of submittal they need to submit to review a Solar
Canopy w/ charging for electric vehicles (attached is a schematic/ explanation w/pictures). This canopy will
cover 8 existing parking spaces and will have plug in chargers in front of them for electric vehicles. ARB,
Building Inspection, Planning, Engineering, and Fire/Rescue will be the reviewers and I see this falling in as a
LOR per the site plan amendment policy.
The parking spaced were already approved in this location under SDP2015-60 final site plan. But with the
addition of solar charging as an accessory use to the primary use ... does the solar canopy cause this to
fall into some other category? Per say a gas station type structure? How has Zoning handled these type of
proposals in the past.
Christopher P. Perez(Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road 1 Charlottesville,VA 22902
434.296.5832 ext.3443
1
From: Ellie Ray [mailto:ellie@shimp-engineering.com]
Sent:Wednesday,September 07, 2016 12:15 PM
To:Christopher Perez<cperez@albemarle.org>
Subject: FW: Question on Riverside Block 5
Here is the canopy info Justin provided.
E//ie Carter Ray, PLA, LEER GREEN ASSOCIATE
(434) 227-5140
From: Justin Shimp, P.E. [mailto:justin@shimp-engineering.com]
Sent: Wednesday, September 07, 2016 12:14 PM
To: Ellie Ray
Subject: Re: Question on Riverside Block 5
This will probably help, ours will be very much like the one on page 3.
Justin Shimp, P.E.
434-953-6116
2
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