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HomeMy WebLinkAboutZMA201100004 Action Letter 2011-09-14AL COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, 'Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 14, 2011 Valerie Long C/O Williams Mullen 321 E. Main St, Ste. 400 Charlottesville, Va. 22902 RE: ZMA201100004 Albermarle Place -- Proffer Amendments TAX MAP/PARCELS: 061 WO -03-00-019A0, 061 W0 -03-00-019B0, 061 WO -03-00w02300, 051 V110- 03-00-024001 061 W0-03-00-02500 p ervisors unanimously approved the above noted re - On September 7, 2000, the Board of 5u zoning subject to the proffers roffers dated August. 5, 2011. Please refer to this document for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above no uses on the property as approved above may lawfully begin until all app pp applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • approval of and compliance with SITE PLANS; and ■ approval of ZONING COMPLIANCE CLEARANCES. if you have questions or comments regarding the above -noted action, please do not hesitate to contact Rebecca Ragsdale at 296-5832. Sincerely, ax V. Wayne ilimberg Director of Planning Email CC: Tex Weaver; File agsdale; Elise Hackett Albemarle Place PROFFER FORM Date: August 5, 2011 ZMA # 2011-00004 Albemarle Place Tax Map and Parcel Numbers: 061w0 -03-00-019A0, 061w0 -03-00--019B0, 061w0-03-00- 023009 061w0-03-00-02400, and 61w0-03-00-02500 65.034 Acres zoned Neighborhood Model District (NMD) to be rezoned to Neighborhood Model District (NMD) Albemarle Place EAAP, LLC, a Delaware limited liability company, is the fee simple owner (the "Owner") of tax, map parcels 061 w0 -03 -00-019A0, 061 w0 -03 -00-019B0, 061 w0-03 -00-023 00, 061 w0-03 -00-02400, and 061 w0-03 -00-025 00 (collectively, the "Property"), which is the subject of zoning map amendment application number ZMA 2011-00004 known as "Albemarle Place Amendment." Pursuant to Section 33.3 of the Albemarle County zoning Ordinance, the owner hereby voluntarily proffers the conditions listed in this proffer statement, which shall be applied to the Property if the rezoning is approved. by Albemarle County. These conditions are proffered as part of the rezoning and it is acknowledged that the conditions are reasonable. The Albemarle Place project was originally approved by the County Board of Supervisors on October 22, 2003 as ZMA 2001-007, along with proffers from the prior owner dated October 22, 2003, and a Code of Development prepared by The Cox Company dated October 15, 2003 (with Exhibit A to the Code of Development last revised July 8, 2010) (the "Code of Development"). The Code of Development included an application plan (the "Application Plan"). The improvements proposed for the Property are collectively referred to as the "Project." The term "Owner" as referenced herein shall include within its meaning the owner of record and successors in interest. The term "Application Plan" refers to Exhibit A. The term "Code of Development" refers to Exhibit B. The proffers dated October 22, 2003 that were approved with ZMA 2001"-007 were amended by proffers dated July 23, 2010 that were approved with ZMA 2008-0003 by the County Board of Supervisors on August 4, 2010. These proffers amend and supersede the proffers accepted in conjunction with the approval of ZMA 2001-007 and ZMA 2008-0003. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provisions of the proffers. 1. Phasing of Albemarle Place Improvements -The Ow�rrae shalt phase development of the Project as follows: Original Proffer: Amendment: x A. Phase 1: Phase 1 of the Project shall be composed of Blocks A, B, C and D as shown on the Application Plan, and as shown in more detail on Exhibit A-1 attached hereto ("Phase V), and shall include street and utility improvements to serve the planned building improvements contained within Phase 1. As part of Phase 1, the owner shall design and construct Albemarle Place Boulevard (also known as Fourth Street/Cedar Hill Road) ("Albemarle Place Boulevard") from Hydraulic Road to the point where Albemarle Place Boulevard connects with the new planned western entrance to the Sperry Maxine facility in the location shown on the Application Plan, and as shown in more detail on Exhibit A-1. This first phase of Albemarle Place Boulevard shall include all supporting utility infrastructure on such street, and shall be completed prior to issuance of a final certificate of occupancy for any buildings within Blocks A, B, C and D. Construction of the first phase of Albemarle Place Boulevard shall be deemed complete when it is constructed in conformance with the plans approved by the Virginia Department of Transportation ("VDOT") and the County Engineer has approved it for vehicular travel. No more than three hundred seventy thousand (370,000) square feet of commercial space and one hundred seventy (170) dwelling units may be constructed within the Project until the remainder of Albemarle Place Boulevard is constructed to the new planned intersection with U.S. Route 29 as shown on the Application Plan. Notwithstanding anything to the contrary contained in this Paragraph 1 A, the Owner shall be permitted to utilize portions of the Phase 2 land (as shown on Exhibit A- 1) for the installation of infrastructure to serve the Phase 1 building improvements to be constructed in Blocks A, B, C and D. B. Phase 2: Phase 2 of the Project shall be composed of Blocks E, F and G as shown on the Application Plan and as shown in more detail on Exhibit A--1 ("Phase 2"), and shall include street and utility improvements to serve the planned building improvements contained within Phase 2. As part of Phase 2, the owner shall design and construct Albemarle Place Boulevard from the point where it connects with the new planned western entrance to the Sperry Marine facility north and east through Blocks E, F and G to the new planned intersection with U.S. Route 29 as shown on the Application Plan and as shown in more detail on Exhibit A-1, This second phase of Albemarle Place Boulevard shall include all supporting utility infrastructure on such street and shall be completed prior to issuance of a final certificate of occupancy for any buildings within Blocks E, F and G. Construction of the second phase of Albemarle Place Boulevard shall be deemed complete when it is constructed in conformance with the plans approved by VDOT and the County Engineer has approved it for vehicular travel. Notwithstanding anything to the contrary contained in this Paragraph 1 B, the Owner shall be permitted to utilize portions of the Phase 2 land (as shown on Exhibit A- 1) for the installation of infrastructure to serve the Phase 1 building improvements to be constructed in Blocks A, B, C and D. Notwithstanding anything to the contrary contained in this paragraph 1 B or in paragraph 1 A above, final certificates of occupancy may be issued for buildings within Blocks A, B, C, D or E beyond the threshold levels contained in paragraph 1 A, provided that the Owner (i) has constructed at least a temporary -road -(at standards acceptable to the Director of Community Development) connect t f ' tfhe firs=tv' hase of Albemarle Place Boulevard to the new planned intersection with . g p U.S. Route 29, or (ii) can demonstrate during the site plan review process, through traffic analysis acceptable to the Director of Community Development and VDOT, that additional traffic from such buildings, when aggregated with the traffic generated by the uses for which 2 Original Proffer: Amendment: x certificates of occupancy have been issued for buildings in Phase 1, will not cause the Hydraulic Road/U.S. Route 29 intersection to fall below an acceptable level of service. C. Landscape improvements and associated streetscape improvements to serve the planned building improvements contained within each block shall be reviewed at the time of final site plan review for each block. The Project shall have a consistently designed and planted streetscape along Route 29 and Hydraulic Road. 2. Community Development Authority Participation: Upon request by the County, the Owner shall petition for and consent to all tax map parcels used for non-residential purposes participating in a Community Development Authority ("CDA") established pursuant to Section 15.2-5152, et seq. of the Code of Virginia ("Code") to be created for the purpose of implementing Route 29 regional transportation improvements, including but not limited to transportation improvements within the "Super Block" (the geographical area bounded by Route 29, Hydraulic Road, Commonwealth Drive, and Greenbrier Drive) and intersectional improvements associated therewith. 3. Cash Proffer for Route 29 Regional Transportation: The Owner will make a cash contribution to the County for the MPO/29H250 Phase 2 Route 29 regional transportation study in the amount of one Hundred Thousand Dollars ($100,000.00). The cash contribution shall be made by the owner within thirty (30) days upon request by the County. This proffer has been satisfied. 4. Cash Proffer for City of Charlottesville Traffic Calming Improvements: The Owner shall contribute Ten Thousand Dollars ($10,000.00) to the City of Charlottesville for the construction by the City of traffic calming improvements on Swanson Road, Cedar Hill Road and other City streets intersecting Hydraulic Road in the vicinity of Albemarle Place. The cash contribution shall be made by the Owner within thirty (30) days upon request by the City. If the traffic calming improvements are not implemented by October 15, 2007, all unexpended funds shall be refunded to the owner. The City constructed the traffic calming improvements, and requested the prior owner of the Property to pay the contribution on November 9, 2005, but there are no immediately available records that such contribution was ever received by the City. Upon evidence of prior payment of such funds that is satisfactory to the County, the requirements of this Paragraph 4 shall be deemed satisfied. In the event the Owner has not produced such evidence to the County by March 31, 2010, the Owner shall contribute the funds to the City within thirty (30) days of a written request from the City, provided that such request is made no sooner than April 1, 2011. At the time such funds are delivered to the City, the owner shall provide notice of such payment to the County. 5. Cash Proffer for Charlottesville Area Transit ("CAT") Commercial Corridor "Jitney Service": Upon the request of the'; County ; the Owner shall contribute Twenty Thousand Dollars ($20,000.00) per annum or an� amount equals toAwenty percent (20%) of the annual operating and maintenance costs, whichever is less, for a period not to exceed five years for operating and/or maintaining a dedicated "jitney bus" service to retail commercial developments,' including Albemarle Place, along the Route 29 Corridor. If the CAT "jitney 3 Original Proffer: Amendment: x service" is not placed into operation by the date of issuance of the first occupancy permit for a commercial building in Albemarle Place, then the owner shall contribute Seven Thousand Dollars ($7,000.00) per annum, for a period not to exceed five years, to CAT for costs associated with operating existing CAT bus route(s) that provide service to Albemarle Place. 6. Cash Proffer for Capital Improvements: The owner shall contribute one Million Five Hundred Thousand Dollars ($1,500,000.00) (hereinafter referred to as the "Total Contribution") to the County for the purpose of funding capital improvements related to Albemarle Place. The contribution shall be paid as follows: (a) Three Hundred and Seventy Five Thousand Dollars ($375,000.00) shall be contributed to the County within thirty (30) days after the first final site plan or subdivision plat containing residential dwelling units is approved for Albemarle Place; (b) an additional Three Hundred and Seventy Five Thousand Dollars ($375,000.00) of the total contribution shall be contributed to the County prior to the issuance of a certificate of occupancy for the first residential dwelling unit in Albemarle Place, and (c) the remaining Seven Hundred Fifty Thousand Dollars ($750,000.00) of the Total Contribution shall be paid on a pro rata basis of Three Thousand Dollars ($3,000.00) per residential dwelling unit at the time certificates of occupancy are issued for the first two hundred fifty (250) dwelling units. No additional contribution shall be required for the next two hundred fifty (250) dwelling units. If, five (5) years from the date of approval of the first final site plan or subdivision plat for residential dwelling units, the Total Contribution has not been fully paid, the balance of the Total Contribution shall be contributed to the County within thirty (30) days upon request by the County. If this fund has not been exhausted by the County for the stated purpose within five (5) gears from the date the last contribution is made, all unexpended funds shall be refunded to the owner. In addition to the foregoing, after building permits have been issued for the first five hundred (500) dwelling units within Albemarle Place, the Owner shall pay to the County Three Thousand Dollars ($3,000.00) prior to the issuance of a building permit for each new residential dwelling unit thereafter. 7. Construction of Frontage improvements on Route 29 and Hydraulic Road: At its expense, the Owner shall plan, design, bond and construct travel lane improvements to be dedicated for public use on its Hydraulic Road and Route 29 frontage. The design shall be submitted with the first site plan for the initial phase of Albemarle Place. The subject frontage improvements are depicted by Exhibit F, "Short Term Route 29 Transportation Improvements." The County may require these improvements to be completed as a prerequisite to the issuance of any certificates of occupancy. The construction of the subject improvements shall be deemed complete when they are constructed in conformance with the plans approved by VDOT and opened to public use as approved by VDOT. S. Construction of off -Site Improvements: '<' 1 U*i.,,'request'b''' the County or as provided herein, the owner shall plan, design, band and construct off=site transportation improvements in the County and the City, as depicted on Exhibit F, "Short Term Route 29 Transportation Improvements''. If the improvements are required'to be constructed, the County may require 11 Original Proffer: Amendment: x these improvements to be completed as a prerequisite to the issuance of any certificates of occupancy. Construction shall be deemed complete when the improvements are constructed in conformance with the pians approved by VDOT and opened to public use as approved by VDOT. A. off-site Improvements in the County at the Northwest Quadrant of the Hydraulic Road/Route 29 Intersection. The engineering, plats and construction documents for off-site improvements in the County shall be submitted with the first final site plan for Phase 1 of Albemarle Place. B. off-site Improvements in the City at the Northeast Quadrant of the Hydraulic Road/Route 29 Intersection (numbered items 4 and 11 on Exhibit F). The owner shall submit the engineering, plats and construction documents (the "Plans") for the improvements in the City of Charlottesville to the City of Charlottesville within sixty (60) days after the first final site plan for Phase 1 of Albemarle Place is submitted to the County. The Owner shall diligently pursue approval of the Plans in the City. If the City does not approve the Plans within six (6) months after the first final site plan for the first phase of Albemarle Place is approved by the County, the Owner shall not be required by this proffer to construct any improvements for which approvals have not been obtained. The Owner shall not be required by this proffer to acquire or otherwise pay for right of way in the City for these improvements. If the improvements are required to be constructed, the Owner shall complete construction of the improvements for which right of way is available within twelve (12) months after the issuance of the first certificate of occupancy within Albemarle Place. Construction shall be deemed complete when the improvements are constructed in conformance with the plans approved by VDOT and opened to public use as approved by VDOT. This Paragraph S(B) is subject to the terms of Paragraph 14, "Substituted Transportation Improvements." 9. Reservation and Medication of land for Regional Route 29 and Hydraulic Road Intersection Improvements: The Owner shall reserve for the future dedication to the Commonwealth of Virginia certain land on the Property in the County for certain short-term transportation improvements for the Route 29 and Hydraulic Road intersection (the "Short - Term Route 29/Hydraulic Road Improvements") as follows: (a) the land shown as "Parcel A 6,511 S.F." on the plat of Kirk Hughes and Associates dated March 3, 2009, last revised March 25, 2010, which plat is attached hereto as Exhibit H; and (b) any portions of the parcels shown as "Parcel one Future Right of way 1,117. S Y.," "Parcel Two Future Right of Way 9,079 SY.," "Parcel Four Future Right of way 1,660 S.F.," and "Parcel Five Future Right of way 790 S.F.," on the Official Map adopted by the County on December 2, 2009, a copy of which Official Map is attached.,hereto. as Exhibit', I, that are required by VDOT for the Short -Term Route 291Hydraulic:.-*.Roadmproverrients collectively, the "Short -Term Improvements Dedication Area"), provided, however, that the subdivision plats depicting the Short -Term Improvements Dedication Area are subject to final approval by the County 5 Original Proffer: Amendment: x Department of Community Development and that the precise boundaries and size of the Short -Term Improvements Dedication Area may be adjusted accordingly. The owner shall dedicate the Short -Term Improvements Dedication Area to the Commonwealth of Virginia in fee simple by October 1, 2010, or within thirty (3 0) days after the County approves the subdivision plat necessary to dedicate the Short --Term Improvements Dedication Area, whichever is first to occur. In addition to the dedication of the Short -Term Improvements Dedication Area, the owner shall dedicate and convey all necessary drainage and construction easements for the Short -Term Route 29/Hydraulic Road Improvements. If the Short -Term Improvements Dedication Area is not dedicated and conveyed as part of a subdivision plat, the Owner shall pay all costs of surveying and preparing legal documents in a form acceptable to the Office of the Attorney General necessary to dedicate and convey the Short -Term Improvements Dedication Area land. After dedication and until the subject regional transportation improvements are funded for construction, the Owner shall, at the request of the County, and with the consent of the Commonwealth of Virginia, maintain the Short -Term Improvements Dedication Area land until requested by the County to no longer do so provided the owner is granted the right to the exclusive use of the land for landscaped open space, a pocket park, temporary parking, fencing, signage, utilities or other purpose as may be approved with the final site plan for the first phase of Albemarle Place. Upon being requested by the County to no longer maintain the land, the Owner shall cease all use of the land and remove all improvements established by the owner that the County requests be removed. In the event that the adopted design for future public intersection improvements does not require the utilization of all of the Short -Term Improvements Dedication Area land, upon the Owner's request, the residual portion of the dedicated land shall be transferred to the owner at no expense to the Owner. The deed(s) of dedication for the Short -Term Improvements Dedication Area may provide for such conditions. 10. Reservation and Dedication of Additional Land for Route 29 and Hydraulic Road Intersection Improvements: The owner shall reserve for future dedication to the County, subject to the conditions herein below, certain additional land on the Property for the right of way for future Hydraulic Road and Route 29 related regional transportation improvements (the "Long --Term Route 29/Hydraulic Road Improvements") as follows: (a) the area shown as "Parcel Al 1,432 S.F." on Exhibit H; and (b) any portions of the parcels shown on Exhibit I that were not previously dedicated to the Commonwealth of Virginia for the Short -Term Route 29/Hydraulic Road Improvements pursuant to the Paragraph 9 herein (collectively, the "Long -Term Improvements Dedication Area") provided, however, that the subdivision plats depicting the Long --Term Improvements Dedication Area are subject to final approval by the County Department of Community Development and that the precise boundaries and size of the Long -Term Improvements Dedication Area: ..may. be, adjusted accordingly. i .. :i� � •tom r r The owner shall dedicate the Long -Term Improvements Dedication Area to the County within ninety (90) days after the County's request.'for such dedication, and such dedication shall include, the dedication and conveyance of all necessary drainage and construction 0 Original Proffer: Amendment: x easements for the Long -Term Route 29/Hydraulic Road Improvements. If the Long -Term Improvements Dedication Area is not dedicated and conveyed as part of a subdivision plat, the Owner shall pay all costs of surveying and preparing legal documents in a form acceptable to the County Attorney's Office necessary to dedicate and convey the Long -Term Improvements Dedication Area. Until the Long -Term Improvements Dedication Area land is dedicated, the Owner shall maintain the land and shall retain the right to the exclusive use of the land for landscaped open space, a pocket park, temporary parking, fencing, utilities or other purposes as may be approved with the first final site plan for Phase 1 of Albemarle Place. The conditions on the subject reservation and dedication shall be as follows: (a) In the event that the adopted design for future public intersection improvements does not require the utilization of all of the Long -Term Improvements Dedication Area land, upon request of the owner the residual portion shall be released by the County from the reservation or, if the land has been dedicated, upon request of the owner title shall be transferred back to, and for the use of, the owner at no expense to Owner. The deed(s) of dedication for the Long -Term Improvements Dedication Area may provide for such conditions. (b) The design and construction of the Long -Term Route 29/Hydraulic Road Improvements shall substantially maintain the access, function, and continuity of service of the planned intersection of Swanson Road (Extended) and existing Hydraulic Road into Albemarle Place at the location of the existing Swanson Road and Hydraulic Road intersection; otherwise this proffer becomes null and void. 11. Signalization of Hydraulic Road and Route 29 Intersections: The owner shall be responsible for traffic signalization improvements as follows: A. The owner at its expense shall engineer, bond, and construct traffic signalization improvements at the intersection of Albemarle Place Boulevard and Hydraulic Road. The traffic signalization improvements at this intersection shall be constructed when the County or VDOT request installation of such, but in any event prior to the issuance of a certificate of occupancy for any building in Blocks A, B, C or D, provided that such signal is warranted by the traffic volumes or is otherwise approved by VDOT. B. Owner at its expense shall engineer, bond and construct traffic signalization improvements at the intersection of Albemarle Place Boulevard and U.S. Route 29. The traffic signalization improvements at this intersection shall be constructed when the County or VDOT request installation of such, but in any event prior to the issuance of a certificate of occupancy for any building in Blocks E, F or G, provided that such signal is warranted by the traffic volumes or is otherwise approved by VD) O provided that such signal is warranted by the traffic volumes or is otherwise approved by VDbT. 7 Original Proffer: Amendment: X 12, Commonwealth Drive Connection: Upon demand of the County, but no earlier than the issuance of a building permit for any building within Block F, the Owner shall reserve right- of-way along the northern edge of the parking lot in Bloch F of the Property for a future street connection to Commonwealth Drive through the "Comdial Property" (TM 61W-3-18). The future connection will be a two lane facility. Upon the request of the County, the owner shall engineer, bond and construct both the on-- site and the off-site portions of the connection to Commonwealth Drive on the "Conidial Property" provided that easements and acquisition of right-of-way as may be necessary for such construction for the connection through off-site properties for this improvement have been granted at no cost to the owner, and the request for such connection through the off-site property is made by the County prior to October 15, 2020. Upon the request of the County, the connection shall be completed by the owner within twelve (12) months from the date of satisfaction of the conditions as set forth above. 13. other "Super Block" Street Connections: The owner shall reserve land and grant construction and permanent access easements or right of way at no expense to the County for the purposes of future construction (by others) of inter -parcel street connections within the "Super Block" at the following locations; First Street (to west to Commonwealth Drive), Third Street (to west to Commonwealth Drive), Cedar Hill Road Extended (in Block -F north to "Comdial Property"), Fourth Street (between Blocks F and G north to "Comdial Property"), Swanson Road Extended (to north to "Sperry Property") and at two additional locations into Sperry Property. The locations for easement or right of way reservation and dedication are as generally depicted on Exhibit A and labeled thereon as "Future Extension." However, the locations and numbers of such inter -parcel street connections maybe modified by the owner upon a variation granted by the County Planning Director. These easement or right of way locations shall be identified, platted and dedicated at the request of the County in conjunction with subsequent site plan applications for Albemarle Place. 14. Substituted Transportation Improvements. A. In lieu of constructing the improvements referenced in Paragraph 8(B) herein, which Paragraph 8(B) refers to certain off-site improvements in the City of Charlottesville at the northwest quadrant of the Hydraulic Road/Route 29 intersection, and also other improvements along the City side of Route 29 between Hydraulic Road and Greenbrier Drive, which improvements are collectively hereinafter referred to as the "Paragraph 8(B) Improvements", the owner may elect, in its sole discretion, and on the terms and conditions contained in this Paragraph 14, to contribute cash to the City for certain transportation improvements in the City known as the "Rte. 291250 Bypass Interchange Improvement Project" identified as VDOT and City project number 0029-104-248 (the "Substituted Improvements Project l r L s ! = f� u Original Proffer: Amendment: x B. In the event the Owner elects to contribute cash toward the Substituted Improvements Project (the "Owner's Contribution") in lieu of constructing the Paragraph 8(B) Improvements, the following terms shall apply: 1. The Owner shall notify the County's Director of Community Development (the "Director") in writing of its election within sixty (60) days after the approval of the first final site plan for Phase 1 of Albemarle Place (the "Notice"). The Owner shall also send a copy of the Notice to the City Development Services Manager at the same time it is sent to the Director. 2. The submission of the Notice to the Director shall suspend the deadline for the Owner to submit the Plans (as "Plans" is defined in Paragraph 8(B)) to the City, if applicable. 3. The amount of the Owner's Contribution to the Substituted Improvements Project shall be subj ect to a written agreement between the Owner and the City (the "City Agreement"). within ten (l0) days after full execution of the City Agreement, the Owner shall provide a copy of the City Agreement to the Director. 4. within six (6) months after the Notice is sent to the Director, or within sixty (60) days after execution of the City Agreement, whichever is later to occur, the Owner shall contribute a portion of the Owner's Contribution to the City in the amount of One Million Dollars ($1,000,000), less any amounts credited by the City and VDOT to the Owner for planning and design work on the Paragraph 8(B) Improvements (the "Net Contribution"). The Net Contribution may be in the form of cash or a letter of credit issued by a bank approved by the City, or a combination thereof. The City Agreement shall set forth the terms of and schedule for draw down of the Net Contribution. 5. In the event that the Substituted Improvements Project is terminated, or has not otherwise been completed (as described herein) within thirty-six (36) months after the City receives the Net Contribution (which thirty-six (36) month period may be extended by mutual agreement of the Charlottesville City Manager and the Albemarle County Executive), and upon the City's refunding of the Net Contribution to the Owner pursuant to the City Agreement, the Owner shall forward funds equal to Five Hundred Thousand Dollars ($500,000) to the County for funding transportation improvements in the vicinity of the U.S. Route 29/Hydraulic Road intersection identified in the County's Capital Improvements Program. In the event such funds have not been expended by the County for the stated purpose within ten (10) years from the date the funds were contributed to the County, all unexpended funds shall be refunded to the Owner. Construction of the Substituted Improvements Project shall be deemed complete when the improvements are accepted by the appropriate public entity or are bonded for the entity's acceptance. 6. Notwithstanding the provisions sof P-a"r4graph 14(1�)(5°) herein, upon the City's receipt of the Net Contribution, the Owner shall be relieved of any obligation to construct the Paragraph 8(B) Improvements. WITNESS the following signature: 14345113_6.DOC Original Proffer: Amendment: x ALBEMARLE PLACE EAAP, LLC, a Delaware limited liability company By: Edens Albemarle, LLC, a South Carolina limited liability com-Dany, its manarer F 10 i r+UlJ�fIriN117 ILL71"t'til ul.►i� 1 r ! i_ x • � -+ - •• - � • ... t�tusll].ilf[Qd �..w.,..w......,._.w•..' . , � "Y.,j;l.,..:h L:..:iw:l.. ;t1 � ..._ it • . - _.... � � � �� �*i! � [�} � _:.�� ... 4:� :. kit.:: �3.r ��� rl � � ILI— r� r � •I'f � F �� ...... +� � j •. 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T, 1-U, .1 Ram I (conL) V New Main street 4t1t stmet N Wroposelo It= 2 jr Ji hrRequimd rnWrovemems -- j .,:,.�:.. l F !� (p"Pezed) Afufi� Repked lmprov.n..t, f_ ne+rsiQod and —s"ver 44 - Cedadi Road ond & C" Itam 2 (conk) htgla .d Drive (proposed) f j U �— j "-J . 1 6 n 11 Item4 'j SHORT TERM TRANSPORTATION IMPROVEMENTS 1. A continuous right turn lane (acceleration/deceleration/ full -frontage -improvement) on Seminole Trail (Rt. 29) southbound from the northernmost site entrance (4a, Street) to the Hydraulic Road intersection, to include a 200' right turn lane and 100' taper into the northernmost site entrance (4th Street). 2. A continuous right turn lane on Hydraulic Road (Rt. 743) westbound from Seminole Trail (Rt. 29) to the westernmost site entrance (Inglewood Drive). 3. A 200' left turn lane and 100' (or as determined by VDOT) taper on Hydraulic Road (Rt. 743) eastbound onto Seminole Trail (Rt. 29) northbound. Itm 6 4. Spot improvements in the City to achieve a continuous ' 71 right turn lane on Hydraulic Road (Rt. 743) westbound j from the Kmart site entrance to Seminole Trail (Rt. 29), and on Seminole Trail (Rt. 29) northbound to Zan Road. _11- Url 5. Cedar Hill intersection and signal installation. -j LC:D r L 6. A median on Hydraulic Road (Rt. 743) from Seminole LT Lane (Rt. 29) to 50' west of Swanson Drive. 7. A 350' extension of the two left turn lanes on Seminole 77 Trail (Rt. 29) northbound into Greenbrier Drive (Rt. 866), if the new signal and cross-over in front the Post fl Office is not allowed. EXHIBIT F: SHORT TERM ROUTE 29 TRANSPORTATION IMPROVEMENTS B. Minimum improvements required for a new signal and median on Seminole Trail Mt. 291 8. Extend the continuous right turn lane on Seminole Trail (Rt. 29) southbound to Greenbrier Drive (Rt. 866), and lengthen the right turn lane into Greenbrier Drive (turn lane and taper lengths to be determined by VDOT). 9. 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Q r ri w cK w3 . 3: v � ci cc 8 i :: F- aj � o "'i�1 b a °s I�Cq j 1 �:. y t� 5i'38'47" W 399.11•����'�; II; I = Ills CC 11110 a s� u: 111', v vs a r•tn i6 `j IM�a� OD 1 j 4 Cs r trr� a comta� III l l l�1 - 1 lil II� Ilt II#r � I tl. ra l t 2S ' Ilf� llt � w 1 WES JN i 0 o Irl I i to LU In 3 ' i11b � � ,Ss •p � � � I•`'j l I M L 3= ...............r "7' IX e4p Lu LU 1 j jA 4 v x N IL w I l ,o L r r.r N ILL a N x M C NAI R ATTORNEYS August 12, 2011 Via FedEx Mr. Wayne Cilimberg Director of Planning Albemarle County Department of Community Development 401 McIntire Road, North Wing Charlottesville, VA 22902-4596 Re: Albemarle Place Proffer Form Dear Mr. Cilimberg: Enclosed please see the original executed Albemarle Place Proffer Form dated August 5, 2011. Very truly yours, atherine L. Hull KLH Katherine L. Hull khull@mcnair.net T (803) 753-3429 F (833) 933-1444 McNair Law Firm, P. A. 1221 Main Street Suite 1700 Columbia, SC 29201 Mailing Address Post Office Box 11390 Columbia, SC 29211 mcnair.net ANDERSON BLUFFTON CHARLESTON CHARLOTTE COLUMBIA GREENVILLE HILTON HEAD MYRTLE BEACH PAWLEYS ISLAND COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 July 21, 2011 Valerie Long C/O Williams Mullen 321 E. Main St, Ste. 400 Charlottesville, Va. 22902 RE: ZMA201100004 Albemarle Place — Proffer Amendment TAX MAP/PARCEL: 061 WO-03-00-019AO, 061 WO -03-00-019130, 061 WO -03-00-02300, 061 WO 03-00-02400, 061 WO -03-00-02500 Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on July 12, 2011, recommended approval to the Board of Supervisors of the above noted amendment by a vote of 7:0, subject to the proffers dated June 6, 2011. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on September 7, 2011. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Wayne Cilimberg Director of Planning Planning Division POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re-examined annually.