HomeMy WebLinkAboutSDP201700012 Review Comments Final Site Plan and Comps. 2017-06-01County of Albemarle
Department of Community Development
Memorandum
To: Scott Collins (scott@collinsengineering.com)
From: Cameron Langille — Senior Planner
Division: Planning Services
Date: March 22, 2017
June 1, 2017 (Revision #1)
Subject: SDP -2017-00012 5th Street Development — Final Site Plan
The Planner for the Planning Services Division of the Albemarle County Department Community
Development will recommend approve the plan referred to above when the following items have
been satisfactorily addressed. (The following comments are those that have been identified at
this time. Additional comments or conditions may be added or eliminated based on further
review.) [Each comment is preceded by the applicable reference to the Albemarle County Code.]
Comments From Initial Site Plan Review Letter Dated November 8, 2016
1. [32.5.2(a)] Some sheet numbers are out of order/incorrect. Please revise. Comment
Addressed.
[32.5.2(a)] Some boundary dimensions are illegible on sheet 2. Please correct. Comment
Not Fully Addressed. The greenway easement boundaries are illegible. Refer to Comment
# 15 below for additional information. Rev. 1: Comment not addressed. On Sheet 2, the
northern boundary line of the existing 100' greenway easement that runs east to west
at the north end of the properties is not still visible. The western boundary line of the
existing 100' greenway easement that runs north and south on TMP 761V11-1 is still not
visible. Per response to comments #15 and 21 below, the easement plats reflecting the
amended easement boundaries will need to be reviewed, approved, and recorded prior
to final site plan approval. All drawings should reflect the amended easement and
parcel boundaries and be labeled with the new deed book and page numbers once
those applications are approved. Additionally, the plans show the current property
boundaries which will be changed as part of the boundary line adjustment,
SUB201700077, that is currently in review. The new parcel boundaries and acreages
shown on the site plan must reflect what will be shown on the recorded plats. Further
comments may be necessarv.
3. [32.5.2(a)] Include overlay districts within zoning note (Entrance Corridor, Flood Hazard
Overlay, Steep Slopes). Comment Addressed.
4. [32.5.2(a)] List all proffers and SP conditions on the plan. Comment Not Addressed. The
Cover Sheet states the correct ZMA and SP numbers, but a list of all approved proffers
and SP conditions must be included somewhere on the plans. Rev. 1: Comment not
addressed. The proffer statement shown on Sheet 14 for ZMA200700012 is not the
approved proffer statement. Attached is a copy of the approved proffers. Please replace
the proffers on Sheet 14.
[32.5.2(a)] Building setback line shown is incorrect; 30' is the maximum setback for this
site. Please revise. Comment Not Fully Addressed. Please show the 74' maximum front
building setback line on Sheet 3 as was approved through the ZMA. Rev. 1: Comment not
fully addressed. The 30' setback line is still shown on Sheet 3, please remove this
setback line from all sheets where shown as it does not apply per the approved ZMA.
[32.5.2(b)] Stepbacks listed on sheet 1 are incorrect. See section 4.20 for stepback
requirements. Comment Addressed.
7. [32.5.2(b)] Minimum parking amounts should be provided with each phase of
development. It does not appear that phase 1 will include the minimum required parking.
Comment Not Addressed. Section 4.12.13 states that any required loading spaces do not
count toward meeting the minimum parking requirements for the use. The Cover Sheet
states that 55 parking spaces are provided in Phase II, but there are only 53 parking spaces
when not counting the loading spaces. Please revise the parking count, and include a
separate calculation for the number of required loading spaces as specified in Section
4.12.13 (c). Rev. 1: Comment not fully addressed. The "Phasing" Note on the Cover
Sheet has not been updated to reflect the correct number of parking spaces in each
phase following the amended phase lines. It should state that 60 spaces are provided in
Phase 1, 59 spaces in Phase 2, and 21 spaces in Phase 3. In regard to loading spaces, a
calculation should still be given on the Cover Sheet stating the amount required and the
amount provided in accordance with Section 4.12.13.
At least one loading space must be provided for Building in Phase 1. Please
revise the locations as necessary to meet minimum parking counts in each
phase. Rev. 1: Comment addressed. One (1) loading space is not shown in
Phase 1.
[32.5.2(c)] It is unclear with phasing lines when certain improvements are proposed such
as pedestrian path and retaining wall. Please clarify. Comment Not Fully Addressed. Phase
lines within the site cannot run through the center of drive aisles or parking spaces. Where
currently shown in this manner in Phases 2 and 3, please move the phase line to the back
of the curb and gutter along the nearest sidewalks. Also, the retaining wall notes do not
specifywhich Phase(s) the retaining wall will be constructed. There are no notes regarding
when the Primitive Trail Connection (proffer 8 of the ZMA) and vehicular and pedestrian
travel way to the Greenway Trail (Proffer 5 of the ZMA) will be constructed. Rev 1.:
Comment addressed, refer to Comment #15 for additional information related to
easement plat approval and recordation.
9. [32.5.2(c)] Show phasing lines on all sheets. Comment Addressed.
10. [32.5.2(d)] Slopes are mislabeled as managed critical slopes. These slopes are preserved
slopes. Please revise label and correct note on sheet 1. Slopes are permitted for
disturbance through previously approved SP and ZMA plans. Comment Addressed.
11. [32.5.2(h)] List the base flood elevation. Comment Addressed.
12. [32.5.2(i)] Show the full length of the 5th street improvements on the plan. Comment
Addressed.
13. [32.5.2(i) & proffer 7] Bike lanes are required on 5th St along the frontage of the site. Show
bike lanes on plan. Comment Addressed.
14. [32.5.2(1)] Label state route number for 5th Street (Rt 631). Comment Addressed.
15. [32.5.2(1)] Show existing greenway easement on plan. Comment Not Fully Addressed.
Please show all three existing greenway easement boundaries and include a label and
leader pointing to each easement boundary. Adjust line weight or shade the inside of the
greenway easement locations. On Sheet 2, the easement boundaries should be shown
exactly as recorded in D.B. 3580, pages 497-507. There is also an existing 20' vehicle
access and 20' pedestrian access recorded on the plat that are not shown on the plans.
Are these features to be removed and relocated so that the 10' pedestrian/vehicle travel
way is within the greenway easement boundary? The existing locations should be shown
on Sheet 2, and Sheet 3 should show the new easements locations. A new easement and
easement plat will need to be recorded to reflect the change in location of these features
and to amend the easement language to comply with the maintenance and ownership
responsibilities as specified in the proffers. See Comment # 21 below for additional
information. Rev. 1: Comment not fully addressed. The County has received three plats
related to the project for amended greenway easements, a boundary line adjustment,
and an access easement into the Holiday Inn property. The plats will need to be
reviewed, approved, and recorded prior to final site plan approval as was discussed
during the 5-1-2017 pre -application meeting regarding first review comments. The final
site plan must reflect the new lot boundaries and easements and label each feature
with the deed book and page where it is recorded. Refer to comment #21 and #44 for
additional information.
16. [32.5.2(j)] Show and label existing water and sewer easements and indicate deed book
and page number for all existing utility easements. Comment Addressed.
17. [32.5.2(n)] Provide proposed building heights. Comment Addressed.
18. [32.5.2(n)] List surface material for proposed 10' graded access road providing access to
Moore's Creek. Comment Not Fully Addressed. Proffer 5, Letter B of the approved ZMA
states that the vehicular and pedestrian travel way must meet Class A standards in
accordance with the Albemarle County Design Standards Manual. There is a discrepancy
between the callout/label shown on the plans and the detail provided on Sheet 9. The
detail shows the travel way as being 10' wide, but the label states "9'-10"' on Sheet 4.
Please verifv what the exact width of the travel wav will be. Rev. 1: Comment addressed.
19. [32.5.2(n)] Provide fencing type and height for proposed playground fence. Comment
Arlrlraccarl
20. [32.5.2(n)] Provide more details on retaining wall elevation and height. Walls over 6'
require approval by the County Engineer. Comment Not Fully Addressed. Please see
eneineerine comments regardine the retainine walls. Rev. 1: Comment addressed.
21. [32.5.2(0)] Are pathways and access road outside of the greenway intended to be
dedicated to public use? If so, note such on plans. Dedication will be required prior to
3
final site plan approval. Comment Not Fully Addressed. In order to meet the proffers, a
new easement deed and easement plat will need to be approved by the County and
recorded that amends the existing greenway easement and plat recorded in Deed Book
3580, pp. 497-508. The existing 50' and 100' greenway easements should remain, but
additional public easements need to be shown over the primitive trail and vehicular and
pedestrian travel way. Since the existing 20' pedestrian easement is located in a different
location than where the proposed 10' vehicular and pedestrian travel way is proposed, it
should be removed on the new easement plat. The deed will need to include language
regarding maintenance and ownership of the primitive trail (proffer #8) and vehicular and
pedestrian travel way (proffer #5) as specified in ZMA2012-07. Also, the plans show a
proposed 15' access easement over the sidewalk and portions of the parking lot that leads
to the 10' pedestrian and vehicle access which states "to be dedicated." What is the
purpose of this easement and who is it proposed to be dedicated to? It was not shown on
the initial site plan or ZMA concept plan. After consultation with Albemarle County Parks
and Recreation Department, the only places where a public easement will be needed is
over the primitive trail and the 10' pedestrian and vehicle access way. Rev. 1: Comment
not fully addressed. The amended greenway easement plat has been sent to Dan
Mahon with Albemarle County Parks & Recreation for review. The application number
for the amended greenway easement plat is SUB201700078. It did not include an
updated deed of dedication for the greenway easement and pedestrian as requested in
this comment. This may be a comment on the easement plat review if Parks and
Recreation determines that an amended deed is necessary. As noted in Comment #15
above, the final site plan will need to clearly label the new easement boundaries with
the deed book and page number of the recorded instrument.
22. [32.5.2(q)] List traffic generation figures and ADT on the plan. Comment Addressed.
23. [32.7.9.4] Show trees to be preserved on the landscape plan, limits of clearing and
location and type of protective fencing. Provide conservation checklist on the plan.
Comment Not Fully Addressed. Please show tree protection fencing around all trees that
will be retained on site on the Grading Plan and Landscape Plan. Rev. 1: Comment not
fully addressed. Per response to the first comments, please remove the existing treeline
symbology from all drawings except Sheet 2 Existing Conditions. Sheets 3-14 should
only show the proposed treeline. Right now the existing treeline runs through the
center of the parking lot and through proposed buildings on all drawings.
24. [32.7.9.6] Include calculations to show that minimum parking lot landscaping is provided.
Comment Addressed.
25. [32.7.9.7 & proffer 5A] The screening provided along the greenway does not appear to
comply with the screening proffer/screening requirements of this section. A minimum 20'
planting depth should be provided and a double staggered row of evergreen trees or
shrubs. Comment Addressed.
26. [Comment] There appear to be a number of potential conflicts between utilities and
landscaping. Show full width of existing and proposed utility easements and confirm that
landscaping can be provided in locations shown. Comment Not Addressed. Several areas
showing required landscaping are still located inside of proposed easements. This
includes landscaping to the north of Building 1 that is inside of the 20' ACSA Utility
Easement. Numerous areas within the 20' private drainage easement feature required
landscaping across all phases. Rev. 1: Comment addressed.
4
27. [5.1.60(f)] In locations where the pedestrian travelway crosses the drive-through lane,
provide either a five (5) foot wide raised pedestrian travelway or a five (5) foot wide
pedestrian travelway containing a change in texture and visual markings. Comment
Addressed.
28. [Comment] Consider providing a pedestrian access point from the sidewalk along 5th
Street into the northeast portion of the site. This will provide for access to the store fronts
for pedestrians coming from the east along 5th Street. Comment Addressed.
New Comments Final Site Plan:
29. [General Comment] Please provide confirmation from the property owners of TMP 76-
55C stating that they approve of the proposed sidewalk extending into their property to
serve the proposed development. Rev. 1: Comment not addressed. No written
permission from TMP 76-55C has been submitted to the County regarding the proposed
variable width ingress/egress easement and the temporary grading and access
easement. A subdivision plat has been submitted, SUB201700076, that shows the
proposed easement, but the written permission from the property owners was not
included. This will be included as a comment on the subdivision plat. The new access
easement over the sidewalk will need to be shown on the final site plan once recorded.
30. [32.5.2 (r)] Include a Legend for all symbols, line types, and abbreviations used on the
plans. Rev. 1: Comment not fully addressed. The Legend provided on the Cover Sheet
does not identify all symbols, line types, and abbreviations used on the site plan. Please
include every line, symbol, and abbreviation in this Legend, or add a Legend to each
drawing that identifies the line types, symbols, and abbreviations used.
31. [32.6.2 (i)] The loading spaces do not meet the minimum dimension requirements of 12'
x 25' as specified by Section 4.12.18(a). Rev. 1: Comment addressed.
32. [General Comment] Sheets 3, 4, 5, 11, 12, and 13 show the existing curb and gutter near
the entrance between TMP 76-55C and TMP 76-55A as a feature to remain as part of the
proposed development. However, it extends nearly all the way across the proposed right -
in only travel way serving the development off of 5th street. This was not shown on the
approved initial site plan or on the ZMA Proffer conceptual plan. Please verify if this was
an error and remove the curb and gutter from all drawings if necessary. Rev. 1: Comment
addressed.
33. [32.7.2.3] The plans show the proposed sidewalk along 5th Street stopping where the
primitive trail branches off onto the property. Sidewalks must be installed the full length
of the property line along the 5th Street right-of-way. Please include the additional
sidewalk on the next submittal, including the improvements details on Sheet 13. Rev. 1:
Comment addressed.
a. Please amend the impervious calculations on the Cover Sheet to include the
additional square footage of sidewalks. Rev. 1: Comment addressed.
34. [32.7.2.3] Please provide a detail for the brick paved pedestrian pathway. Rev. 1:
Comment addressed.
35. [32.7.2.3] Please add pedestrian crossing markings across the 20' travel way to connect
the handicap parking access aisle to the proposed sidewalk in front of the Holiday Inn.
Rev. 1: Comment addressed.
36. [32.7.7.9 (c)] Please add a note to the landscape plan that states "All landscaping and
screening shall be maintained in a healthy condition by the current owner or property
owners' association and replaced when necessary. Replacement material shall comply
with the approved landscape plan." Rev. 1: Comment addressed
37. [32.7.9] The symoblogy used for several landscape items differs across the drawing on
Sheet 11. Please use the same symbol for the same type of vegetation and show the
symbol next to each landscape item in the Plant Legend. This affects AB, AG, IC, and MV
5
on the current plan. Rev.1: Comment not fully addressed. The symbology used on the
plan for IG is consistent with the Legend in some places, but in other places vegetation
is labeled IG pointing to symbology for IC and IV.
38. [32.7.9] Please state the minimum caliper at time of installation for the Betula Nigra
shade trees in the Plant Legend on Sheet 11. These trees must be installed at a minimum
1.5" —1 % " in order to comply with the minimum standards for parking lot shade trees
and street trees. Rev. 1: Comment addressed.
39. [32.7.9.5] Please show additional street trees (large shade tree species) and shrubs along
the property frontage of 5th Street to comply with street landscaping requirements. Rev.
1: Comment addressed.
a. Are the street trees located inside of the property because of the utility lines
located in the right-of-way area outside of the property? Section 32.7.9.5(d)
requires street trees to be located in the public street right-of-way unless
VDOT will not permit this location. Rev. 1: Comment addressed.
40. [32.7.9.6 (b)] The parking landscaping species shown on Sheet 11 include trees that are
characterized as large and small ornamental trees (AG, CC, and MS). The Code requires
species that are either large or medium shade trees. All trees being counted toward
meeting the parking lot landscaping requirements must be an approved large or medium
shade tree species shown on the Albemarle County Recommended Plants List. Rev. 1:
Comment addressed.
41. [32.7.9.8] Only 4 AR, 16 AG, and 33 AB landscape items are shown on Sheet 11, not 5 AR,
17 AG, and 78 AB as stated in the Plant Legend. Please amend the counts of each item
and recalculate the canopy areas provided calculation. Please be aware that the overall
canopy must still meet the minimum 10%. Rev. 1: Comment addressed.
42. [4.17] Several luminaire locations conflict with required landscaping. Trees and light poles
are shown on top of each other. Please adjust the locations so they are no conflicts. Rev.
1: Comment addressed.
43. [4.17.4 (b)] The Lighting Plan shows an area along 5th Street where footcandle
measurements exceed the maximum 0.5 footcandles permitted along the property line
adjacent to public roads. Please amend the luminaire location in front of Building 1 so
that the maximum measurement along the property line is 0.5 footcandles. Rev. 1:
Comment not fully addressed. Please amend Note 5 on Sheet 14 so that it states "full -
cutoff shield" instead of must "shield."
44. [32.5.2 (o)] Attached is a template for the deed of easement dedication as requested in
Comment #21 above. Rev. 1: Comment not fully addressed. Response is noted, and
three separate subdivision/easement plats have been submitted for this proiect. No
deeds were included with the plats, so this will be commented on during the subdivision
plat review. If an updated to the existing deed is necessary, a copy of the deed of
easement dedication template is attached.
45. [4.12.16 (e)] Please provide bumper blocks at the front of the two rows of six (6) parking
spaces in Phase 1 that are not separated by a median.
46. [General Comment] The County has received three subdivision plats associated with this
project. This includes two easement plats and a boundary line adjustment. These plats
will need to be approved and recorded prior to final site plan approval. The site plan
shows the current lot lines and easement boundaries. All drawings, including the Vicinity
Map on the Cover Sheet, will need to be updated to reflect the changes that will be made
to the property and easement boundaries. All property and easement labels will need to
include the new deed book and page numbers. Please refer to comments #2, 15, 21, and
44 for additional information.
Please contact Cameron Langille at the Department of Community Development at
blangille@albemarle.org or 296-5832 ext. 3432 for further information.
C
Albemarle County Service Authority — Alex Morrison, amorrison@serviceauthority.org — See
Recommendation:
1. The above referenced project is currently under construction plans review by the ACSA. I
will advise once we grant construction approval.
Virginia Department of Transportation — Adam Moore, adam.moore@vdot.virginia.gov — No
objection, see attached.
Albemarle County Architectural Review Board — Ron Higgins, rhiggins@albemarle.org — Rev. 1:
ARB review pending as of 6-1-2017, any additional comments or approval will be forwarded upon
receipt.
Albemarle County Engineering Service — Emily Cox, ecox@albemarle.org—See Recommendation:
1. Engineering cannot receommend approval until the associated WPO plan is approved.
The only remaining item for the WPO plan is an executed plat and deed.
Albemarle County E911 Service — Elise Kiewra, ekiewra@albemarle.org — No Objection:
1. Fifth Street Landing is an approved road name per our ordinance. Please show road
name on all applicable drawings.
7
Charles A. Kilpatrick, P.E.
Commissioner
R:.
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1641 Orange Aoad
Culpeper. Virginia 22701
May 31, 2017
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Attn: Cameron LangiIle
Re: 5'h Street Commercial — Final Site Plan
SDP -2017-00012
Review #2
Dear Mr. Langille:
The Department of Transportation, Charlottesville Residency Transportation and Land Use
Section, has reviewed the above referenced plan as submitted by Collins Engineering, revised 31
May 2017, and finds it to be generally acceptable.
A VDOT Land Use Permit will be required prior to any work within the right-of-way. The
owner/developer must contact the Charlottesville Residency Transportation and Land Use
Section at (434) 422-9399 for information pertaining to this process. If further information is
desired, please contact Justin Deel at 434-422-9894.
Sincerely,
G�Gbly
Adam J. Moore, P.E.
Area Land Use Engineer
Charlottesville Residency
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
Cameron Langille
From: Cameron Langille
Sent: Friday, May 12, 2017 1:20 PM
To: 'Alexander Morrison'
Subject: RE: SDP201712: 5th Street Commercial Development - Final Site Plan
Thanks for the update Alex, keep me posted.
From: Alexander Morrison[mailto:amorrison@serviceauthority.org]
Sent: Friday, May 12, 2017 11:32 AM
To: Cameron Langille <blangille@albemarle.org>
Subject: SDP201712: 5th Street Commercial Development - Final Site Plan
Cameron,
The above referenced project is currently under construction plans review by the ACSA. I will advise once we grant
construction approval.
Alexander J. Morrison, P.E.
Civil Engineer
Albemarle County Service Authority
168 Spotnap Road
Charlottesville, Virginia 22911
(0) 434-977-4511 Ext. 116
(C) 434-981-5577
(F) 434-979-0698
I%IW I-4WW
Original Proffers
Amendment X,
PROFFER STATEMENT
Rezoning Application Nurnber: ZMA No 201200007
Tax Map and Parcel N uniber(s): TMP 07600-00-00-055AO, and portions of I'M 1) 076M1 -00-00-
00100•
70M1-00-00-
00100, and of TMP 07600-00-00-05500 consisting oft) 430 acres. more or less, as shown on
Attachment A
Zonin I IC I ljghNN.ry Commercial to I IC Highway Commercial
0,vvner of Record FTV lincstments, Ll C a Virginia limited ltabiht3, company
Date (of Proffer Signature September 1 2016
1- JAI Investments, I LC a Virginia limited liability company, is the owner (the "Owner") of
Tax Map and Parcel Number 07600-00-00-055A0, and portions of TMP 070MI-00-00-00100
and of TN -1P 07600-00-00-055(-0 {Ihc Property") which is the subject of rezoning application ZMA
No 201200007 a protect known as -5"' Street Development (tile. Project").
Pursuant to Section 33 ofthe Albemarle County Zoning Ordinance (Chapter 18 ofthe
Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed beloxN which
shall he applied to the Property if it is rezoned to the zoning district identified above There 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 O\N.-ner covenants and warrants that it is in
authorized signatorN of the Owner for this Proffer Statement
I The location of buildings, including orientation, walkways, retaining wall,; and access
point to greenway shall be in the general locations shown on the attached conceptual plan entitled 5'"'
r�
STREET DI; FLOPIMENI APPLICATION PLAY dated December 9 2013 as updated and last
revised July 28, 2016 prepared by Collins Engineering (hereinafter the "Conceptual Plan") ni;
determined by the Dirccloi of Planning and Zoning Administrator Minor modifications to the plait
\,\hich are in general accord with the general locations of buildings, walk,,\-ays, retaining walls and
access points to greenwaN may be made to ensure compliance \vith the Zoning Ordinance.
Modifications are to be considered in terms of minimizing or improving impact on adjoining properties
and roadways, to address Architectural Review Board requirements, or to comply with the Flood
I lazard Overlay District
2 The uses of the Property shall be limited to those listed in \ttachnient B
3 Vehicular access from 5"' Street to the Project shall be provided via a shared clitrallcL with
the existing use on the remainder of IAIII 07/600-00-00-05iC1) I'llis entrance shall be modified to be
used fior lell turn movements firorn r'h Street and right-in.'right out traffic movements out\ as -,ho',vil oil
the Conceptual Plan The modified entrance shall meet Virginia Department of Tran sportati oil
("VDO I ") standards for commercial Liuranccs and will bL constructed in conjunction with
I#AIkW I#Awl
improvements shown on the first final site plan. Tile Owner shall provide for an additional
interconnection and ingress and/or egress for the use on the remainder of TNIP 07600-00-00-05500, as
shown on the Conceptual Plan, in conjunction with improvements shown on the first final site plan.
4 All otT-site traffic improvements and on-site improvements designed to manage ingress and
egress to 5"' Street shown on the Conceptual Plan shall be completed prior to the first certificate of
occupancy, provided that any off-site traffic improvement shown oil the Conceptual plan shall not be
required iINDO'I'determines that the particular off-site traffic improvement is not required,
5 By Deed ol'Dedication and Easement and Bill of'Sale dated April 1 2008, recorded in the
Clerk s Office oftlic Circuit Court of Albemarle County Virginia in Deed Book 1580 pages 497-505
("Easemcrit") Owner granted an Easement to the Count\ of Albemarle providing act ess over tile
Property to the County s Greenway Trail
A. In addition to (lie screening requirements of the Albemarle County Architectural
Review Board and Section 32 7 9 ofthe Albemarle County Zoning Ordinance, the
Owner shall provide a vegetated buffer for the purposes of screening the
development from the GrecriNva) Trail shown on the Conceptual Plan. ']'his
vegetated buffer shall bi., provided in a majiner consistent with Section 12.7 9 of the
Albemarle Zoning Ordinance and the: landscaping shall be shown on the final site
plan and installed as part of anv construction shown on the final site plan for
development of the Property
13 Tile Owncr shall construct a vehicular and pedestrian travel wav (" i ravel WaN
froin the proposed parking area to the edge of tile GrcenxNa) Trail in the
approximate locations shown on the Conceptual Plan. The Travel t; ay shall be
constructed to meet Class A (lo,,N. maintenance multi-usc/shared use path) standards
in accordance with the CountN's Design Standards Manual The Travel Way shall
be shown on the first final site plan and installed by the Owner in conjunction with
the improvements shown on tile first final site plan approved for development of the
Property The Travel Way shall be maintained by the Owner
C 'I o the extent tile location of the Travel Way oil the ( onceptual Plan is inconsistent
with the locations shown on the Easement, the Owner shall, at its sole expense,
prepare and execute an easement and accompanying casement plat, if necessary, in a
form acceptable to the County of Albemarle to correct the location of the Easement
6 The Owner shall select and use roof materials on Buildings A, B and C, as shown oil the
Conceptual Plan, that are non-rc fleet i ve earth tOnL or brown stone colors, and that are in general accord
with the Monticello vic-,�shed guidelines as promulgated by the Thomas Jefferson Foundation
7 The Owner shall provide for bicycle access to the Property by inclusion of bicvcle lanes in
its improvements to the frontage of 5"' St. The bicycle lane-, shall be shown on the first final site plan
and installed by the Owner in conjunction with the improvements shown on time first final site plan
approved for developnicrit of the Property
14"W 1.00*
8. The Owner shall grant an casement to the County for the "Primitive Trail Connection" as
shown on the Conceptual Plan, provided that the deed of easement to the County may include a
provision in which the County holds the Owner harmless as provided in Virginia Code § 29 1-509(E)
The easement shall be granted within 90 days of the County's request for the trail casement. The
Primitive Trail Connection shall be for pedestrian access only and shall be constructed to meet Class B
(primitive nature (rail) standards in accordance with the County s Design Standards Manual The
Primitive Trail Connection shall be shown on the first final site plan and installed by the Owner in
coillunction with the improvements shown on the first final site plan approved for development of the
Property The Primitive Trail Connection shall be. maintained by the Owner, however at its discretion,
the County may assume maintenance of the Prinutive'l rail C01111CLtion by informing Owner in writing
that it will take over maintenance of the Primitive] rail Connection
0 WN E' R.
FTV Investments, IA C a Virginia limited liability company
liv,
Its Maiiagcr
COMNIONNNT'Al I'll OF VIRGINIA
CITY/COUNTY OF ALBLMARLE, to -wit
'file tbregoing Proffer Statement was acknowledged before me this I st day of September, 2016,
bN L Randall Ralston, as Manager ofl-TV Investments, 1.1 C, a Virginia hillited liabili(N company
My commission expires 01
Notary'Public
Notary Registration Number
MOORES
C,ty of Charlottesville
$ZO'35 131
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Cruwv v, Albemarle
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701,
TYP 76 g"54
M-ri-, CrEck ),ucm cluh. Inc
0.87,' Acres
DB 1711-424
Pvrfi-w4 of
o TMP 76MI-1
4 a1 Morris Creck yacht V11A Inc
AA Portion of 3.041 Acres 4fr
TMP76-SSC s5&,", 1.OB 3586-437
Monis Creek Yacht 96
Clut In:
0 04
430 Ams
DB 1836-742 y3Yj# t}1
IV
it
ty ARRA SUMMARY FOR RPzohlv(,,
Portion of TMP 76-55A 0 701 Acres
Al Portion of TY1, 76mi-I
Z840 Acres
POT'liM. -PJ--WP 716:z�KC
Total 3,971 Acres
AREA SUMMARY FOR STREAM BUFFER
POrtwn of TMP 76-55A 0.174 Ams
Total
0.375 Acres
116]1 ii
rCTAL AREA FOR ZMA 1999-013 = 4,346 Acres
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24.2 PERMITITID USE'S
ATTACHMENT
cm
24 2 1 BY RIGH'I
The following uses shall be permitted in any HC district, subject to the applicable requirements of this
chapter Fhe zoning administrator after consultation with the director of planning and other
appropriate officials, may permit, as a use by right, a use not specifically permitted, provided that such
use shall be similar to uses permitted by right in general character and more specifically similar in
terms of locational requirement.,;, operational characteristics, visual impact and traffic generation.
Appeals frorn the zoning administrator's decision shall be as generally provided in section 34
I Automobile laundries.
2 Automobile, truck repair shops
W3--A-Woniobde service -stations (reference -5 1 20)
4 Building materials sales.
5 Churches, cemeteries.
6 Clubs. lodges (relcrcncc 5 1 02)
7 Convenience stores.
8 Educational, technical and trade schools.
9 Factory outlet sales - clothing and fabric
10 l,ccd and seed stoics (reference 5 1.22)
11 1 inancial institutions.
12 Fire extinguisher and security products, sales and service.
13 Fire and rescue squad stations (reference 5 1 09)
14 Funcral homes,
15 Furniture stores.
16 Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine
and cheese shops.
17 Home and business services such as grounds care. cleaning, exterminators. landscaping and other
repair and maintenance services.
18 Hardware
19 (Repealed 6-3-81)
20 hotels, motels and inns.
21 Light warehousing.
22 Machinery and equipment sales, service and rental
23 Mobile home and trailer sales and service.
24 Modular building sales.
25 Motor vehicle sales, service and rental
26 New automotive parts sales.
27 Newspaper publishing.
28 Administrative, business and professional offices.
29 Office and business machines sales and service.
30 Eating establishment, fast food restaurants.
31 Retail nurseries and greenhouse-,.
32. Sale of major recreational equipment and vehicles.
33 Wayside stands - vegetables and agricultural produce. (reference 5 1 19)
34 Wholesale distribution
35 Water, sewer, energy and communications distribution Eacilitics.
36 Public uses (reference 5 1 12).
37 Temporar) construction headquarters and temporary construction storage yards (reference 5 1 18)
38 Indoor theaters.
39 1 leating oil sales and distribution (reference 5 1.20).
40 Temporary nonresidential mobile homes (reference 5 8)
41 Uses permitted by right pursuant to subsection 22.2.1 of section 22. 1, commercial, C-1
42. Indoor athletic facilities.
43 I-armers'niarket (reference 5 1 47)
44 Stormwater management facilities shown on an approved final site plan or subdivisioo plat
45 Tier I and'] ter 11 personal wireless service facilities (reference 5 1 40).
46 Storage Yards.
47 Laboratoric-Otesearch and Development/I xperuncutal I esling, gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment inay exceed 4,000 square feet per site by special exception approved by tile board of
supervisors
48 Maiiufacturiiig/1rocessiilg/Asseiiibly/1-abi-tcition and Recycling, gross floor urea of the
establishment does not exceed 4,000 square feet per site, provided that the. gross floor area of tine
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
49 StorageAN archousi iig/D i stri but i onfFransportati oil. gross floor area of the establishment does not
exceed 4 000 square feet per site, provided that the gross floor area of tilt establishment may exceed
4 000 square feet per site by special exception approved by [lie board of supervisors.
50 Drive-through windows (reference 5 1 60) (Added 3-2-16)
24 2 2 BY SPFCIAI USE PFRMH
The following uses shall be pcnilitted by special use permit in the 14C district
I Commercial recreation establishment including but not limited to ainusenictit centers, bowling
alleys, pool halls and dance halls.
? Septic tank sales and related service
4-4-.4yestoek-sale-,
Veterinary office and hospital (reference 5 1 11)
--ni theater -(deference 5-.1
`fk Energy and communications transmission facilities (reference 5 1 12)
7 Hospitals, nursing homes, convalescent homes (reference 5 1 11)
8 Auction houses.
9 Unless such uses are otherwise provided in this section, uses permitted in section 18 0, residential -
R-15,
R-15, in compliance with regulations set forth therein.
10 Commercial kennels - indoor onhy (refierence 5 1 11)
I I Stand-alone parking and parking, structures (reference 4 12, 5 1 4 1)
12. (Repeated 3-2-16)
13 Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes.
14 Warehouse facilities not permitted under section 24.2 1 (reference 9 0).
15 Animal shelter (reference. 5 1 11)
16 Fier III personal wireless service facilities (refercrice 5 1 40)
17 Body shops.
SCAM lowww
.4� ��ERAL NOTES:
42-=
A
.4.
COLLINS ENGINFEMING ;2.913 5th STREET DEVELOPMENT APPLICATION PLAN
------------------ 7-.. 015Tn—�
R
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this day of
2007 by and between
Grantor, and the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner in fee simple of the real property located in
Albemarle County that is described below and hereinafter referred to as the "Property;"
WHEREAS, the Grantor desires to dedicate, grant and convey to the Grantee, and
Grantee is willing to accept, an easement over the Property for the purpose of allowing the
Grantee to establish and maintain a public access trail and greenway, including authorized
improvements (collectively, the "Greenway"), subject to the terms and conditions stated in this
Deed.
NOW, THEREFORE, in consideration of the recitals and the mutual benefits,
covenants and terms herein contained, and for other good and valuable consideration, the receipt
of which is hereby acknowledged, the Grantor hereby dedicates, grants, conveys, covenants and
agrees as follows:
1. DEDICATION, GRANT AND CONVEYANCE OF EASEMENT. For and in
consideration of ONE DOLLAR ($1.00), cash in hand paid, the Grantor hereby dedicates, grants
and conveys to the Grantee and their successors and assigns (hereafter, all references to the
Grantee include its successors and assigns), with GENERAL WARRANTY AND ENGLISH
COVENANTS OF TITLE, a thirty-foot (30) wide public access trail and greenway easement
(the "Easement") in gross over the Property described below, restricting in perpetuity the use of
the Property in the manner set forth herein:
[LEGAL DESCRIPTION]
The property interest conveyed herein is a portion of that certain lot(s) or parcel(s) of
land acquired by the Grantor by a deed recorded in the land records of the Clerk's Office of the
Circuit Court of the County of Albemarle, Virginia, in Deed Book , page
2. PURPOSES OF THE EASEMENT. The purposes of the Easement are to establish on
the Property a segment of a countywide system of greenway trails that will link people to the
area's natural, recreational, cultural and commercial resources. As part of this system, the
Easement will serve to protect important and/or sensitive resources, provide recreational and
educational opportunities, provide an alternative transportation system, and provide an economic
benefit.
3. ESTABLISHMENT AND MAINTENANCE OF THE GREENWAY. The Grantee
shall have the right to establish and maintain at its expense a Greenway within the Easement, as
follows:
A. Public access trail. The Grantee may establish and maintain, in its sole discretion,
either Class A or Class B trails. The trails shall be available for pedestrians and bicyclists.
B. Improvements. The Grantee may establish and maintain the following
improvements within the Easement: (1) appropriate trail surfaces, foot bridges and associated
trail structures and culverts; (2) trail markers and signs along all trails and at all points of access;
(3) barriers, fences and gates to prevent motorized vehicular access into the Easement; (4)
benches for the convenience and comfort of the public; and (5) all other improvements that are
reasonable for a public access trail.
C. Ownership of improvements. All improvements within the Easement established
by the Grantee shall be and remain the property of the Grantee.
D. Right to inspect, maintain and operate thereg enwU. The Grantee may enter the
easement to inspect, maintain and operate the greenway as provided herein:
Right to disturb and maintain the Easement premises. The Grantee shall
have the right to trim, cut or remove any trees, brush or shrubbery; remove and relocate fences,
structures or other obstructions; and take other similar action reasonably necessary to establish,
maintain and operate an adequate and fully functioning Greenway; provided, however, that: (1)
the Grantee, at its own expense, shall restore as nearly as possible, repair and replace only
ground cover disturbed, damaged or removed as a result of establishing, maintaining or
operating the Greenway to the extent the restoration or replacement is consistent with its proper
maintenance, operation, and use; and (2) after the Grantee establishes the Greenway, no trees
2
having a diameter at breast height of four (4) inches or greater shall be removed, destroyed or cut
within the Easement except to protect public safety, eliminate trees that are either diseased,
dying or dead, or is deemed necessary in accordance with standard arborist practices.
2. Obligation to remove trash and other debris. The Grantee shall remove
from the Easement all trash and other debris resulting from the establishment, maintenance or
operation of the Greenway.
4. RESTRICTIONS ON USES AND ACTIVITIES IN THE EASEMENT. The Grantee
shall have the right to regulate and restrict the uses and activities of the public within the
Easement, in its sole discretion.
5. MISCELLANEOUS PROVISIONS.
A. Easement runs with the land. The Easement shall run with the land and be
binding upon the parties, their successors, assigns, personal representatives, and heirs.
B. Exclusivity; restrictions. The Easement is an exclusive easement. Neither the
Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter,
reconstruct, interfere with, disturb or otherwise change in any way the land or any improvement
located within the Easement; and further provided that such persons shall not construct or
maintain any roadway, or erect any building, fence, retaining wall or other structure within the
Easement.
C. Grantee's right to assign. The Grantee shall have the right to assign this Deed as
its interests may require. An eligible assignee shall be one that is able to perform the terms,
conditions and obligations of this Deed to assure that its purposes are fulfilled.
D. Enforcement. In addition to any remedy provided by law to enforce the terms of
this Deed, the parties shall have the following rights and obligations:
Action at law inadequate remedX. It is conclusively presumed that an
action at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or
any attempted breach or violation, of any term of this Deed.
2. Failure to enforce does not waive right to enforce. The failure of
either Grantee to enforce any term of this Deed shall not be deemed a waiver of the right to do so
thereafter, nor discharge nor relieve the Grantor from thereafter complying with any such term.
3. No third pgM pa.right of enforcement. Nothing in this Easement shall create
any right in the public or any third party to maintain any suit or action against any party hereto.
E. Notice of proposed transfer or sale. The Grantor, its successors and assigns, shall
notify the Grantee in writing at the time of closing on any transfer or sale of the Property. In any
deed conveying all or any part of the Property, the Easement shall be referenced by deed book
and page number in the deed of conveyance and shall state that this Deed is binding upon all
successors in interest in the Property in perpetuity.
F. Relation to applicable laws. This Deed does not replace, abrogate or otherwise
supersede any federal, state or local laws applicable to the Property.
G. Severability. If any provision of this Deed is determined to be invalid by a court
of competent jurisdiction, the remainder of this Easement shall not be affected thereby.
H. Recordation. Upon execution by the parties, this Deed shall be recorded with the
record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia.
I. Authority to convey easement. The Grantor covenants that it is vested with good
title to the Property and may convey the Easement.
J. Authority to accept easement. The Grantee is authorized to accept the Easement
pursuant to Virginia Code § 15.2-1800.
K. Hold harmless. The Grantee shall hold the Grantor harmless as provided in
Virginia Code § 29.1-509(E).
The Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the
conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County
Executive's signature hereto and the recordation of this Deed.
WITNESS the following signatures.
GRANTOR: NAME
LE
Title:
GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA
Lo
Robert W. Tucker, Jr.
County Executive
2
Approved as to form:
County Attorney
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2007 by , Grantor.
Notary Public
My Commission Expires:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this day of
, 2007 by Robert W. Tucker, Jr., on behalf of the County of
Albemarle, Virginia, Grantee.
My Commission Expires:
5
Notary Public