PROFFER STATEMENT

NORTH POINTE CHARLOTTESVILLE, LLC

REZONING APPLICATION: #ZMA-2000-009, SP.2002-72

 

May ___, 2004

 

 With respect to the property described in rezoning application #ZMA-2000-09 and SP.2002-72 (the “ZMA”), North Pointe Charlottesville, LLC is the contract purchaser of Tax Map 32, Parcels 20, 20A, 20A1, 20A2, 20A3 and 29I (the “North Pointe Property”), Violet Hill Associates, L.L.C. is the fee simple owner of Tax Map 32, Parcels 23, 23A, 23B, 23C, 23D, 23E, 23F, 23G, 23H and 23J (the “Violet Hill Property”), Virginia Land Trust is the fee simple owner of Tax Map 32, Parcel 22K (the “Virginia Land Trust Property”) and the Estate of Edward R. Jackson is the fee simple owner of Tax Map 32, Parcel 22H (the “Jackson Estate Property”).  The respective parties are collectively referred to herein as the “Owner”, which term shall include any successors in interest.  The North Pointe Property, the Violet Hill Property, the Virginia Land Trust Property and the Jackson Estate Property are referred to collectively as the “Property”. CWH Properties Limited Partnership, the fee simple owner of the North Pointe Property, unites herein to evidence its agreement to the proffers.

 

Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance (the “Ordinance”), Owner hereby voluntary proffers the conditions listed in this Proffer Statement, which shall be applied to the North Pointe Property if the ZMA is approved by Albemarle County.  These conditions are proffered as part of the ZMA and it is agreed that: (1) the ZMA itself gives rise to the need for the conditions, and (2) such conditions have a reasonable relation to the rezoning requested.  

 

 

I.          REZONING APPLICATION PLANS AND ILLUSTRATIONS

 

1.1            Plans and Illustrations.  Owner’s development of the Property (also

referred to herein as the “Project”), subject always to the provisions of Section 8.5.5.3 of the Ordinance as it exists as of (insert date of approval of rezoning) (“Section 8.5.5.3”), which allows certain variations from approved application plans subject to the provisions thereof, shall be in general accordance with Owner’s application plan entitled “North Pointe Community”, prepared by Keeney & Co., Architects, last revised April 8, 2004 and attached hereto as Exhibit B and the other plan exhibits referenced in Section 1.2 hereof (the “Application Plan” or “Exhibit B”), and as provided in the Ordinance.  Owner has presented, as part of its Rezoning Application, a number of conceptual plans and illustrations for various purposes, but principally to provide justification for the rezoning action it is seeking.

 

 

 

 

 

 

 

1.2      Plan Exhibits. These proffers shall include the following plans and all pages thereof, which (except for the Application Plan) are limited to the purpose for which they are referenced in a proffer:

 

·              Exhibit A –       Title Page

·              Exhibit B –       Application Plan

·              Exhibit C –       Stormwater Management and Stream Conservation Plan    

·              Exhibit D-2 –    Internal Road Cross Sections

·              Exhibit E –        External Road Improvement Plan

·              Exhibit F –        Development and Road Phasing Plan

·              Exhibit G –       Open Space Areas and Green Way

·              Exhibit H –       Existing Property Boundaries

·              Exhibit I –         Conceptual Grading Plan

·              Exhibit K –       Sanitary Waste Water Drainage Plan

 

 

II.        THIS SECTION INTENTIONALLY DELETED

 

III.       DENSITIES

 

            3.1       Total Buildout.  The total number of dwelling units shall not exceed 893 and the gross floor areas for commercial and office uses shall not exceed those set forth in the tables on Exhibit A.  The gross floor area of public schools and libraries, buildings for religious purposes, structures within common areas, storage structures not exceeding 1,500 gross square feet, and temporary nonresidential mobile homes as provided in Section 5.8 of the Ordinance do not count toward the limitation for commercial and office use gross floor area.

 

            3.2       Limited Adjustments to the Residential Portion of the Application Plan.  The Owner reserves the right to adjust the residential mix shown in the table on Exhibit A such that each dwelling unit type (Single-Family Detached, Multi-Family and Single-Family Attached shall reflect a range of 23% to 43% of the total dwelling units.

 

             3.3      Limited Adjustments to the Commercial Portion of the Application Plan.  The 

commercial and office buildings shall be devoted to the uses as set forth in the Commercial Land Use Breakdown Table on Exhibit A.  The square footage of the commercial and office uses may be adjusted within a range of up to 10%, provided the maximum square footage for all such uses shown in the Table is not exceeded, and further provided that Buildings 14 and 6/7 may have a footprint no larger than 88,500 square feet and Building 7 may have a footprint no larger than 72,000 square feet.  No building shown on the Application Plan or in the Commercial Land Use Breakdown Table on Exhibit A shall be restricted to a single story.  Commercial uses shall include those uses permitted under the PD-MC zoning classification.

 

                                     3.4      Phasing of Construction.  Prior to the issuance of a building permit that would authorize the construction of more than the first 331,696 square feet of gross floor area for commercial and office structures, building permits shall be issued by the County for at least 224 dwelling units.

IV.    STORMWATER MANAGEMENT AND STREAM BED CONSERVATION

 

4.1       Flood Plain. The area of the 100-year flood plain within the Project and shown on the Application Plan shall remain undisturbed except for road crossings, public utility facilities and their crossings, and pedestrian and biking trails, and only to the extent such exceptions are permitted by County ordinances and regulations.  Upon the request of the County, Owner shall provide a survey and prepare the necessary documentation and dedicate the land within such flood plain to the County.

 

4.2       Stormwater Management Plan. The stormwater/BMP plan for the Project shall be prepared, and all stormwater management facilities for the Project shall be designed and constructed, to accommodate all current stormwater discharge from Tax Map Parcel 032A0-02-00-00400 (Northwoods Mobile Home Park Development) and from the existing developments on the northeast and northwest corners of Proffit Road and U.S. Route 29.  The stormwater management facilities shall mitigate the stormwater quality and quantity impacts to the same extent as required by the Ordinance for the Project

 

            4.3       Stream Buffers.  On Flat Branch, Owner shall establish and maintain an undisturbed fifty foot (50’) buffer on each side of the stream for the section south of Northside Drive East extending southward to the proposed regional stormwater facility, as shown on the Application Plan.  Subject to the regulations of Section 17-319 of the Water Protection Ordinance, any required disturbance within this buffer area, such as may be caused by construction of roads, bridges, detention (and retention) ponds, utilities, and pedestrian and biking trails, or any other uses approved by the County, shall be restored in accord with a restoration plan approved by the County’s Program Authority and other applicable regulatory agencies or authorities.  Owner agrees to endeavor to have any monies that are required by the Virginia Department of Environmental Quality and/or the Army Corps of Engineers to be paid towards stream mitigation obligations to be paid into a trust fund (such as the Nature Conservancy Fund) for the purpose of funding qualified mitigation projects within the boundaries of Albemarle County.

 

            4.4       Preservation Areas.  The Preservation Areas shown on the Application Plan shall remain undisturbed and shall be protected from development impacts to the reasonable satisfaction of the County’s Program Authority.  Sanitary sewer, including pump stations, and storm drainage outfall may be placed in these areas if said Program Authority has found the environmental impact is the minimum necessary to establish and maintain the use of the Property as shown on the Application Plan or at the request of the Albemarle County Service Authority.  Paths may also be allowed in these areas provided the Program Authority has reasonably determined that the environmental impact is the minimum necessary to establish and maintain those uses.

 

 

 

 

 

            4.5       Conservation Areas.  The Conservation Areas shown on Exhibit C shall remain undisturbed; provided that the agent may authorize a land disturbance within the Conservation Areas if the agent finds: (i) the disturbance is necessary in order for a use shown on the Application Plan to be established; (ii) the purpose for the disturbance is to establish and maintain streets, sanitary sewers, storm drainage outfalls, pedestrian paths, and/or stream restoration; and (iii) the construction, maintenance and use of the improvements will have the minimum environmental impact on the Conservation Area necessary for the improvements to be established and maintained, and the long-term impacts are adequately mitigated.  Nothing in this condition shall be construed to obviate the requirements established for stream buffers under Chapter 17 of the Albemarle County Code or shall constitute a waiver of such requirements.

 

V.        TRANSPORTATION

 

            5.1       Street Construction Standards.  All internal streets shall be constructed in accordance with the illustrative urban cross-sections shown on Exhibit D-2.  All streets also shall be constructed in accordance with detailed road plans, including dimensions, submitted by Owner and approved by the Virginia Department of Transportation (“VDOT”) for all public streets, and by the County’s agent for all private streets and accessways.  Public roads shall be (i) constructed to VDOT design standards pursuant to detailed plans and agreed to between Owner and VDOT, and (ii) dedicated for public use and acceptance into the state highway system by VDOT.  Trees and other landscaping within the ROW shall be the responsibility of Owner unless VDOT or the County agrees in writing to assume this responsibility.

 

            5.2       Timing of Completion.  The proffer to construct roads to VDOT standards shall not require completion of construction of such roads, or segments thereof, before the issuance of the first certificate of occupancy for a building or residence served by that road, or segment thereof, so long as adequate bonds are in place and so long as the Zoning Administrator has not determined that safe and convenient access to public roads is jeopardized in accordance with Section 31.2.3 of the Ordinance. Before issuance of certificates of occupancy, however, Owner shall complete that segment of road which serves the building or residence for which a certificate of occupancy is sought with at least the base and one (1) layer of plant-mix asphalt. The final layer of plant-mix asphalt may be withheld until all sewer lines, water lines and other conduits have been placed under the pavement and heavy construction in the area is substantially complete, but will be completed to an approved VDOT pavement depth and design before the request for VDOT acceptance of the road; provided, however, that such final layer shall be installed within one (1) year following the issuance of the first certificate of occupancy for a building or residence served by the affected road segment.  

 

            5.3       External Street Improvements and Phasing.  Owner shall design and construct, in accordance with VDOT standards, and/or make cash contributions towards, as the case may be, the external street improvements reference in the Section 5.3 and as shown on the External Road Improvement Plan shown on Exhibit E.  The improvements to U.S. Route 29 North shall be based on a design speed of 50 miles per hour and a maximum 4 percent cross-slope requirement or as otherwise acceptable to VDOT.  Road improvement proffers in this Section 5.3 shall not include dedication of land unless expressly provided for herein.  The construction by Owner of offsite road improvements shall be conditioned upon the County or VDOT obtaining required right-of-way unless expressly provided herein. Notwithstanding the foregoing, Owner agrees to dedicate to VDOT or the County any required right-of-way that it owns in fee simple.  If all of the VDOT or County required right-of-way cannot be acquired, Owner nevertheless agrees to proceed with all such improvements that can be constructed within available right-of-way.   So long as Owner is ready, willing and able to construct an improvement as provided in these proffers, even though the necessary right-of-way is not available (and in the instances in which Owner has proffered to acquire right-of-way, and the Owner has made good faith efforts to acquire the land necessary for such right-of-way), Owner shall not be precluded from developing the approved density build-out under the applicable zoning, unless the improvement is otherwise required by applicable regulations or ordinances.  The proffers shall be considered satisfied if Owner has submitted plans for such road improvements to VDOT for review and, even through all construction of such improvements may not be complete by the date proffered, a bond has been posted in an amount necessary to satisfy the costs of any uncompleted improvements in accordance with VDOT approved plans.

 

The Owner proffers to cause completion of the following road improvements as shown on the Application Plan for acceptance by VDOT or bonded for acceptance by VDOT:

 

                        (a)        Phasing of Public Improvements and unless previously constructed or bonded by others:

 

            (1)        Prior to approval of the first subdivision plat or site plan for the Project, Owner shall have obtained all associated permits and posted all associated bonds required for the construction of the following improvements :

 

·              Middle Entrance on Route 29 ( Northside Drive - SR 1570):

 

§         U.S. Route 29 Southbound –construction of a continuous through lane from the entrance 1,000 feet north and 1,000 feet south by 12 feet wide

 

§         U.S. Route 29 Southbound - construction of dual left turn lanes with taper.

 

§         U.S. Route 29 Southbound – construction of a right turn lane with taper.

 

§         U.S. Route 29 Northbound – construction of a continuous through lane extending from the entrance 1,000 feet north and 1,000 feet south by 12 feet wide

 

§         U.S. Route 29 Northbound – construction of a right hand turn lane, the geometrics of which will be subject to VDOT approval.

 

§         U.S. Route 29 Northbound – construction of left turn lane with taper.

 

§         SR 1570 Eastbound – construction of or restriping of lanes to result in separate left, through and right turn movements. 

§         Entrance road Westbound – installation of a traffic signal with 8 phase timing and associated intersection improvements on U.S. Route 29.

 

§         Existing crossover at Cypress Drive – construction to close the crossover.

 

§         Frontage road from Cypress Drive to SR 1570 – construction of a public street to serve properties currently accessing U.S. Route 29 through Cypress Drive. 

 

§         Installation of a traffic signal with 8 phase timing and associated intersection improvements.

 

                        (2)        Prior to the issuance of the first certificate of occupancy in the area designated Commercial Phase 1:

 

·        Northside Drive, North Pointe Boulevard, and Leake Road:

 

§         Leake Road and North Pointe Boulevard, in accordance with the design shown on Exhibit D-2, from Proffit Road to Northside Drive; provided, however, that Leake Road, if additional right-of-way (“ROW”) is not available, may be constructed to provide at least two through lanes and as much of the design as can be done within the available ROW as reasonably determined by the County Engineer.

 

§         The roundabout and associated lane improvements at the intersection of Leake Road and Proffit Road, as shown on the Application Plan.

 

§         Northside Drive between U.S. Route 29 and North Pointe Boulevard as shown on the Application Plan.

 

                        (3)        Prior to approval of a site development plan that would result in more than 331,696 square feet of total non-residential square footage for the Project, Owner shall have obtained all associated permits and posted all associated bonds required for the construction of the following improvements:

 

·        Southernmost Entrance on Route 29, the following items are required:

 

§         U.S. Route 29 Southbound – correction of the vertical curvature in the roadway just north of the entrance 

 

§         U.S. Route 29 Southbound – construction of a continuous through lane extending from the entrance 1,000 feet north and 1,000 feet south by 12 feet wide

 

§         U.S. Route 29 Southbound – construction of dual left turn lanes with taper at the crossover.

 

§         U.S. Route 29 Southbound – construction of right turn lane with taper to serve northernmost entrance to SR 1515.

 

§         U.S. Route 29 Northbound – construction of a continuous through lane extending from the entrance north to match improvements required with the middle entrance, and south 1,000 feet by 12 feet wide.

 

§         U.S. Route 29 Northbound – construction of a right hand turn lane, the geometrics of which will be subject to VDOT approval.

 

§         U.S. Route 29 Northbound – construction of left turn lane with taper into SR 1515.

 

§         SR 1515 Eastbound – construction and/or restriping to provide left turn lane with taper.

 

§         Installation of a traffic signal with 8 phase timing and associated intersection improvements at the intersection with U.S. 29. 

 

§         Existing crossover at U.S. Route 29 and southernmost entrance to SR 1515– construction to close the crossover.

 

§         Proposed Entrance Road between North Pointe Boulevard and U.S. Route 29. 

 

(4)        Prior to approval of a site development plan or subdivision plat that would result in more than 533 total residential units for the Project, or, if earlier, approval of a site development plan or subdivision plat for any development of either the Virginia Land Trust Property (Tax Map 32, Parcel 22K) or the Jackson Estate Property (Tax Map 32, Parcel 22H), an entrance permit shall be obtained from VDOT for the following improvements:

 

·        For the Northernmost Entrance (opposite Lewis & Clark Drive) on Route 29 the following items are requirements for the entrance permit:

 

§         U.S. Route 29 Southbound – construction of left turn lane with taper

 

§         U.S. Route 29 Northbound – construction of continuous through lane from the entrance south across the North Pointe frontage

 

§         U.S. Route 29 Northbound – construction of a right hand turn lane, the geometrics of which will be subject to VDOT approval

 

§         Entrance road Westbound – lane configurations to be determined in consultation with VDOT and County staff that will accommodate the installation by others of a traffic signal with 8 phase timing

                       

                                    (5)        Prior to completion of the first signal required on U.S. Route 29, Owner shall make a cash contribution to VDOT to compensate VDOT for the cost of a cable or wireless radio system that link the signals between Lewis and Clark Drive and Airport Road at cost not to exceed $35,000 ($5 per linear foot).  

 

                                    (6)        Prior to the approval of plans for improvements at any  U.S. Route 29 intersection, Owner shall provide VDOT traffic signal network timing plans that VDOT finds acceptably address the impacts of the proposed traffic signals for peak traffic periods.  

 

                        (b)        Contributions of Money:

 

(1)               This Section Intentionally Deleted.

 

                                    (2)        Proffit Road Design and Improvements; Cash Contribution.  Prior to approval of the first site plan or subdivision plat, Owner shall make a cash contribution of $54,200 to the County for the design of a portion of the planned Proffit Road improvements from U.S. Route 29 to a point approximately 300 feet east of the Leake Road intersection.  The scope of work shall be in accordance with a scope of work previously agreed to between VDOT and Wilbur Smith Associates.  At the request of the County, Owner shall either construct a third lane westbound from Leake Road to U.S. Route 29 as shown on Exhibit E or make a cash contribution of $150,000 to the County to be applied towards improvements to Proffit Road.  Construction of the third lane, if required, shall be done concurrently with construction of the Leake Road improvements.

 

                                    (3)        This Section Intentionally Deleted.

 

                                    (4)        Regional Transportation Study; Cash Contribution.  Upon request by the County, Owner shall make a cash contribution of $25,000 to the County or VDOT for the purposes of funding a regional transportation study for the Route 29 corridor, which includes the South Fork and North Fork of the Rivanna River, (“Regional Transportation Study”) and the   Hollymead Growth Area of which North Pointe is a part.  The contribution shall be made within thirty (30) days after requested by the County anytime after the rezoning is approved.  If the request is not made within one (1) year from the date of approval of the first final site plan for the first commercial buildings within the Project, this proffer shall become null and void.  If such cash contribution is not expended for the stated purpose within three (3) years from the date the funds were contributed to the County, all unexpended funds shall be refunded to the Owner.

 

                        (c)        Park and Ride.  On the first and all successive site plans in the area identified on Exhibit F as Phase 1 Commercial, Owner shall designate and establish parking areas for Park and Ride use.  The maximum number of spaces shall be 100 and they shall not be further than 500 feet from a bus stop location.  This proffer is specifically contingent upon an alternative plan under Zoning Ordinance § 4.12.8 et seq. being approved by the Zoning Administrator.

 

 

VI.       OPEN SPACE AREAS AND GREENWAY

 

            6.1       Open Space.  Except for the Open Space Permitted Uses as hereunder defined, Owner shall restrict from development all open space areas which are areas not shown as development parcels, Preservation Areas or Conservation Areas on the Application Plan.  In no event shall the total area of such open space areas, which include the Preservation Areas, Conservation Areas, Greenway (defined in 6.2 below), Buffer Areas (defined in 7.2 below), and Park areas shown on Exhibit B, be less than a total of ___  percent (  %) of the total land within the Project to be developed as residential.  These areas shall be for the use and enjoyment of the residents of the Project, subject to the restrictions that may be imposed by any declaration recorded as part of a conveyance of these areas to a homeowner’s association.  Except for the limited improvements set forth in Sections 4.4 and 4.5, no disturbances or improvements shall be permitted in the Preservation or Conservation Areas.  No structural improvements other than utilities, pedestrian and biking trails and common area amenities such as playgrounds, picnic areas and PAR exercise equipment (collectively, the “Open Space Permitted Uses”) shall be constructed in the Green Way, Buffer Areas or Parks areas. Owner does not intend by this proffer to subject these areas to Section 4.7.3 of the Ordinance, except to the extent such Section otherwise applies.

 

            6.2       Rivanna Green Way/Accesses.  Owner shall reserve a Greenway along the boundary of the Property and adjacent to the Rivanna River, inside of the flood plain line and a Preservation Area (“Green Way”) as shown on Exhibit G.  The limitations respecting improvements set forth herein in Section 4.4 shall apply.  Owner may grant utility easements across the Green Way if approved by the County   Access easements to the Rivanna River as shown on the Application Plan shall be for the benefit and use by property owners within the Project.  Upon request by the County, Owner shall dedicate to the County the Green Way as well as the paths shown in the crosshatch on Exhibit G to the County.  If the County accepts dedication of the lake referenced in Proffer 6.4, upon request by the County, Owner shall dedicate to the County the access path east of the middle entrance and leading to Flat Branch as shown on Exhibit G  

 

            6.3       Trails.  All walking trails shall be classified as shown on the Application Plan and platted at the same time as the subdivision adjacent to the proposed trails is platted.  The trails shall be constructed in conjunction with the improvements for the subdivision and bonded with the streets.  The trails shall be constructed as Class A or Class B trails as identified on Exhibit G, and in accordance with the applicable design and construction standards in the County’s Design Standards Manual.   

 

            6.4       Lake.   Upon request by the County, Owner shall dedicate to the County the lake shown on the Application Plan for public use, provided that such lake will be available for use by Owner for stormwater management as described in Exhibit C.  

  

VII.   LANDSCAPING AND BUFFERING

 

            7.1       This Section Intentionally Deleted.

 

            7.2       Landscaped Buffer Between Residential Areas and Rural Areas.  Prior to the County granting a certificate of occupancy for the first dwelling unit constructed on one of the lots shown on the Application Plan abutting the “open space buffer” 30 foot deep common area along Pritchett Road (Lots A1-6, H8-20, L15-34 and N2-5), the Owner shall establish and thereafter maintain a heavily            vegetated buffer in the open space buffer common areas.  The buffer, where one does not already exist, shall include the following: (i) an informal mix of screening trees, loosely staggered, 15 feet on-center; (ii) the same species of screening trees shall be clustered in groups and alternate groups of screening trees shall be provided to create a naturalistic landscape; (iii) large and medium shade   trees shall be interspersed among the screening trees; (iv) clusters of ornamental trees shall be provided in groups of 3’s and 5’s; and (v) tall shrubs shall be massed to help integrate the proposed plantings into a natural rural landscape.  Approved plant species shall be obtained from the Albemarle County Recommended Plants List.  Maintenance of the buffer shall be the responsibility of the Owner.

 

            7.3       Pritchett Lane Buffer in Open Space.  The owner shall establish as open space, in a manner approved by the County, an area fifty (50) feet in depth between the rear lot lines of the lots backing up to Pritchett Lane (Lots A1-6, H8-20, L15-34 and N2-5) and the Pritchett Lane right-of-way.  The open space shall be owned by the Owner or a homeowner’s association.      

 

            7.4       Pritchett Lane emergency access.  Two emergency access travelways of fifty (50) feet in width shall be established on or near Lots L-16 and H-10 as shown on the Application Plan.  The travelways shall be established and maintained in accordance with the standards in the County’s Design Standards Manual or other appropriate standards approved by the County Engineer.  Upon request by the County, Owner shall dedicate such travelways to the County for public use.       

 

VIII.            PUBLIC INFRASTRUCTURE AND FACILITIES PROFFERS

 

            8.1       Community Development Authority. Owner shall apply to the Board of Supervisors for the creation of a Community Development Authority as permitted under Virginia Code Sections 15.2-5152, et seq., and other applicable provisions of Chapter 51, Title 15.2 of the Code of Virginia or 1950, as amended (“CDA”) for the purpose of issuing tax exempt bonds to fund the construction of certain public improvements both internal and external to North Pointe, to include, but not be limited to, improvements to existing public roadways, installation of public utilities and stormwater management facilities, construction of new public streets and funds for the construction of other public improvements, including, but not limited to, schools, libraries and police, fire and rescue facilities, among others.  If such application is approved, Owner agrees to the proffers set forth in this Section VIII.  The additional assessments on the property within the North Pointe Community necessary to amortize (repay) the above mentioned bonds shall be established by an independent consultant acceptable to the County and shall provide for prepayment, at the option of purchasers, at the time any property is conveyed, it being the intent that the portion of the bonds relating to the residential areas of North Pointe would, in fact, be prepaid at the time residential lots are conveyed.

 

 

            8.2       Branch Library.  Upon request by the County, Owner shall dedicate to the County the lot shown on Exhibit B as a public library, consisting of a 15,000 square foot fully graded pad site, with utilities, to accommodate a 12,500 square foot building footprint and up to a 25,000 square foot two story building, together with a nonexclusive easement to the adjacent common area for ingress, egress and sufficient Ordinance required parking for the location of a freestanding Jefferson-Madison Regional Library.  The County’s request for dedication of the land shall be made within 3 years following the latter to occur of (i) issuance of the first residential building permit within North Pointe, or (ii) completion of the infrastructure (including but not limited to streets, water, sewer, electric, gas) required for the use of the land.  If a decision is not made by the later of these dates, this proffer will be null and void.  Owner also agrees, if requested by the County or the Library Board, to have constructed a building and other improvements on such land, to be initially owned and financed by the CDA, which shall then lease the building and improvements to the Library Board.  For any such building and improvements, the rent, on a net, net, net lease would be calculated based on the total costs incurred by the CDA for constructing and up fitting such improvements amortized over 20 years at 125 basis points over the costs of amortizing the CDA loan used to pay for all such costs.  At the end of the amortization period, the improvements would be deeded to the County or the Library Board at no cost.   

 

8.3              This Section Intentionally Deleted.

 

            8.4       Affordable Housing.  Owner proffers to offer a minimum of 3% of the residential dwelling units, one-third from each of the dwelling unit types referenced in Section 3.2 herein and in the Table on Exhibit A, with initial maximum selling prices or rents as follows: one bedroom units selling for $149,000 or renting for $869 per month; two bedroom units selling for $179,000 or renting for $1,159 per month; or, three bedroom units selling for $199,000 or renting for $1,319 per month, in each case increasing from the date of this Proffer Statement by the increase in the CPI. Such dwelling units shall be provided at a rate not less than five (5) units per year.  In addition, Owner agrees to contribute $250,000, not less than ratably over the five (5) years following issuance of the first residential building permit in North Pointe and on a matching dollar for dollar basis, $100,000 each to Habitat for Humanity and the Piedmont Housing Alliance and $50,000 to the Albemarle Housing Improvement Program.  To qualify, such matching funds shall have been raised from new donors or as increased contributions over the prior year from existing donors.  Increased budget allocations from the County over those for Fiscal Year 2005 shall qualify for the matching contributions. 

 

            8.5       Additional Transportation Proffers.

 

            (a)        Street Improvements for the Southernmost (Commercial) Entrance on Route 29:  U.S. Route 29 Northbound – construction of continuous through lanes from: (i) VA Route 649, north across property not owned by North Pointe to the southern property line to connect with the continuous through lane referenced in Proffer 5.3(a)(3 ); and (ii) from the end of the continuous through lane constructed north of the southernmost entrance also as referenced in Proffer 5.3(a)(3), to connect with the continuous northbound through lane constructed south of the middle entrance as referenced in Proffer5.3(a)(1), such construction to be completed with the proffer phasing in Proffer 5.3(a)(1).

                        (b)        For the Northernmost Entrance (opposite Lewis & Clark Drive) on Route 29:  U.S. Route 29 Northbound – construction of continuous through lane from the entrance south to connect with the continuous through lane constructed in connection with the middle entrance improvements as referenced in Section 5.3 (a) 1, such construction to be completed no later that with the proffer phasing in Section 5.3 (a) 1.

 

                         (c)       Proffit Road Improvements. Upon the request of the County, advance fund and construct, utilizing a public-private partnership and CDA bond proceeds, all additional improvements designed under Section 5.3 (b) 2 (over and above those proffered to be completed in such Section by Owner), both eastbound and westbound, from Route 29 to a point 300’ east of Leake Road, subject to reimbursement by VDOT (or the County as a conduit) when VDOT funds for this work (currently in the County’s six year plan) become available, anticipated in 2009+. Owner agrees to expand to this proffer to include the entire Proffit Road improvement project extending to Baker-Butler Elementary School by using a portion of the amount proffered for construction in Section 5.3 (b) 2 and applying it to fund the cost to expand the design work to include the entire project (the balance of the amount proffered for construction would remain available to apply against the construction costs for the Proffit Road project). In either case, the construction of the Proffit Road improvements would be part of Phase I Commercial or would begin as soon thereafter as the design work is complete.

 

                        (d)        Northwest Passage.  If not already completed as provided in Section 5.3(a)(4), Owner will complete Northwest Passage from North Pointe Blvd. To U.S. Route 29 and the improvements set forth in said section prior to issuance of a certificate of occupancy for the elementary school shown on the Application Plan and further reference in Section IX below

 

 IX.   EDUCATIONAL AND OTHER PUBLIC FACILITIES

 

            9.1       Elementary School SiteUpon request by the County, Owner shall dedicate to the County the land shown on the Application Plan as “Neighborhood Elementary School Site”, consisting of approximately 12.85 acres.  Prior to dedication, the site shall be graded by Owner to establish a fully graded pad site to accommodate an elementary school, the recreational fields shown on the Application Plan shall be fine graded and have top soil and soil amendments added, and the mains for an underground irrigation system serving the recreational fields installed.  Such improvements shall be reasonably equivalent to those existing at the recreational fields at Baker-Butler Elementary School, exclusive of any above ground improvements.  The dedicated land shall be used as an elementary school site, but if the County determines that the land will not be used as an elementary school site, it shall be used by the County for park or recreational purposes serving both the North Pointe community and the region.  If the County does not request that the land be dedicated by December 31, 2009, the Owner shall be under no further obligation to dedicate the land for the purpose described herein, but shall, by January 30, 2010, contribute $500,000 to the County to be used by the County for projects identified in the County’s CIP reasonably related to the needs of the North Pointe community.  Subject to the final approval of the County, Owner shall have the right to submit naming requests for either the school or a park. After dedication and before the County uses the site for a school or park and recreational purposes, Owner shall, at the request of the County, maintain the site until requested by the County to no longer do so, provided Owner is granted the right to exclusive use of the land for park and recreational purposes, as may be approved with the final site plan or plat for the area that includes the school site. Upon being requested by the County to no longer maintain the school site, Owner shall cease all use of the land and remove all improvements established by Owner that the County requests be removed.  The County shall not be obligated to pay Owner for any improvements established by Owner that the County retains.  If the County accepts title to the land and then does not construct either a park or a school within twenty (20) years following the date of this rezoning, upon Owner’s request the land shall be transferred to Owner at no expense to Owner.

 

            9.2       Bus stops and bus stop improvements.  Owner shall construct ten (10) public bus stops as shown on the Application Plan, or otherwise two (2) in the southernmost residential area, four (4) in the commercial areas and four (4) in the residential areas, each in a location mutually acceptable to Owner and the County.  The bus stops shall be approved with street construction plans for the Project and constructed with the streets.  Owner will contribute the total sum of $25,000 towards the design and construction of bus stop improvements such as benches and shelters meeting standards established by the County at each bus stop.  The construction of each bus stop shall be completed prior to the establishment of bus service for each stop.  

 

X.        ACCESS TO ADJACENT PROPERTIES

 

            10.1     Dedication of Right-of-Way; Extension to Parcel 22E.  Upon request by the County, Owner shall dedicate a fifty (50) foot wide rights-of-way located within the area shown on Exhibit B and identified as a “50’ R.O.W. Access Easement” connecting a right-of-way from the proposed middle entrance road into North Pointe to the southern property line of Tax Map 32, Parcel 22E (“Parcel 22E”).  In conjunction with the construction of the right-of-way, Owner shall grant temporary construction easements as determined necessary by the County Engineer.  Owner shall extend the street for a sufficient distance beyond the entrance to the Project to allow for turnaround movement. Any and all costs of any kind incurred by Owner for the extension of a road within such right-of-way, beyond the point where the road provides access to Owner’s parcel as shown on Exhibit B, shall be the responsibility of Parcel 22E.

 

            Upon request by the County, Owner shall dedicate a fifty (50) foot wide right-of-way located in the approximate area as shown on Exhibit B and identified by the notation “R.O.W. Access Easement” connecting a right-of-way from Northwest Passage to Tax Map 32, Parcel 22G.  The exact location of this right-of-way shall be fixed at the time of dedication in a location acceptable to the County.  In conjunction with the construction of the right-of-way, Owner shall grant temporary construction easements as determined necessary by the County Engineer. Owner retains the right to approve the use(s) and architectural design for any improvements to be served by this right-of-way.

 

10.2          Reservation of Rights-of-Way.  Owner shall reserve the areas in the locations labeled “Right-of-Way Reserved for Future Dedication” (adjacent to the church property that fronts on Pritchett Lane) and “Temporary Reservation” (in the southernmost residential area) on Exhibit B for access to the adjacent properties.  Upon request by the County, Owner shall dedicate such fifty (50) foot wide right-of-way located within any such reserved area.  In conjunction with the construction of the right-of-way, Owner shall grant temporary construction easements as determined necessary by the County Engineer.  Owner retains the right to approve the use(s) and architectural design for any improvements to be served by such right-of-ways. 

 

10.3          Potential Access Easement.       Owner agrees to reserve an area in the location labeled “Potential Access Easement” at the eastern end of the main commercial access road from Route 29 on Exhibit B for access to the adjacent property.  Upon the request of the County, the Owner shall dedicate a fifty (50) foot right-of-way located within the Potential Access Easement area.  In conjunction with the construction of the right-of-way, Owner shall grant temporary construction easements as determined necessary by the County Engineer.  Owner retains the right to approve the use(s) and architectural design for any improvements to be served by such right-of-ways. 

 

XI.   OVERLOT GRADING PLAN

 

            11.1     Subdivision Plans.  Owner shall submit, with the application for each subdivision of the single family residential property, a grading plan at a scale no greater than 1"=50' that clearly shows all grading of streets, lots and open space.  The grading plan shall be approved by the County Engineer prior to final approval of the subdivision plat and the subdivision shall be graded as shown on the approved plan.  No certificate of occupancy shall be granted for any dwelling on a lot where the County Engineer has determined the lot is not graded consistent with the approved grading plan. The grading plan may be amended at any time by Owner, provided that amendment is approved by the County Engineer.  For the purpose of satisfying this proffer, the grading plan shall be considered acceptable if the following criteria are addressed to the satisfaction of the County Engineer, but the County Engineer may, at his discretion, allow any of the criteria to be relaxed provided his opinion of safety is not compromised by doing so:

 

1.      All proposed grading shall be shown with contour intervals not greater than 2.5 feet (interpolated) and all drainage swales shall be clearly indicated.

 

2.      Graded slopes of more than 5 feet elevation change on lots shall not be steeper than 3:1 (horizontal distance: vertical distance). These criteria shall not apply to existing slopes that are undisturbed.

 

3.      Surface drainage shall not flow across more than 3 lots before being collected in a storm sewer and no more than 1 acre shall drain to any drainage swale carrying runoff across a lot.

 

4.      All drainage from streets shall be carried across lots in storm sewer; provided, however, that such drainage may be daylighted to an open swale for a maximum of 50 feet at the rear of lots.

 

5.      Driveways shall be no steeper than 20 percent with 20 foot landings no steeper than 8 percent at each end.  The landing shall be measured from the back of sidewalk on the street end and from the front of the garage on the house end.

6.      An area not less than 10 feet in width and grades no steeper than 10 percent shall be provided adjacent to the front and sides of each house.  In cases where the house is less than 10 feet from a lot line, the 10 foot width shall be reduced to the distance between the house and lot line.  

 

7.      Retaining walls on lots shall be no taller than 5 feet as measured from top of wall to ground on the downhill side and shall be located along lot boundaries wherever possible.  Walls of houses shall not be considered retaining walls for the purpose of these criteria.  Safety railing or fencing consistent with that required for elevated decks shall be included on all retaining walls higher than 48 inches.       

 

The foregoing notwithstanding, however, this Proffer shall in no way preclude Owner’s ability to obtain a mass grading plan and installation of utilities in accordance with Exhibits I and K, which would include the grading of the streets within the Project as will be necessary to balance the cuts and fills of the site.

 

XII. SIGNATORY

 

12.1        Certificate. The undersigned certify that they are the only owners of the Property which is the subject of ZMA-2000-09 and SP.2002-72.

 

12.2        The Owner. These proffers shall run with the Property and each reference to Owner within these proffers shall include within its meaning, and shall be binding upon, Owner’s successor(s) in interest and/or the developer(s) of the Property or any portion of the Property.

 

This Proffer Statement may be signed in counterparts and/or via facsimile with the same full force and effect as if all signatures were original and on one document.

 

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