North Pointe PD-MC Residential Use

Special Use Permit Conditions

 

1.         Residential mix.  The dwelling units within the Project shall consist of the following three types: (a) single-family detached, including carriage house units; (b) multi-family; and (c) other (consisting of townhouses, duplexes, attached housing, condominiums in the commercial areas and any other unidentified housing types).  The minimum number   of each of the three dwelling unit types shall be 205 of the 893 total permitted dwelling units.

 

2.         Phasing of residential units.  Prior to the issuance by the County of a building permit that would authorize the construction of more than the first 290,000 square feet (aggregate) of commercial, office, commercial/office, retail and hotel gross floor area within the Project, as those uses are identified on the Application Plan entitled “North Pointe Community,” prepared by Keeney & Co., Architects, as revised through May 10, 2006, 2006 (hereinafter, the “Application Plan”), certificates of occupancy must have been issued by the County to at least 224 dwelling units.

                       

3.         Conservation areas.  The conservation areas shown on the Application Plan shall remain undisturbed and shall be protected from development impacts to the satisfaction of the County’s program authority for the Water Protection Ordinance (Chapter 17 of the Albemarle County Code) (the “Program Authority”); except that the pedestrian paths shown on the Application Plan may be placed in a conservation area where shown on the Application Plan.  Storm drainage outfalls and other pedestrian paths may only be placed in conservation areas if the Program Authority finds that no other location is reasonably available and that the disturbance is necessary for such a proposed use.  Notwithstanding the terms of this Condition 3 to the contrary, the Program Authority may approve a utility main within a conservation area, even if it is not shown on the Application Plan, and the Program Authority may approve other disturbances and/or measures as may be appropriate in the Program Authority’s discretion to further protect a conservation area.

 

4.         Conservation areas with utilities.  The conservation areas with utilities shown on the Application Plan shall remain undisturbed and shall be protected from development impacts to the satisfaction of the Program Authority; except that:

           

            A.        The streets and pedestrian paths shown on the Application Plan may be placed in a conservation area with utilities where shown on the Application Plan.  Other pedestrian paths, other streets, and sanitary sewers, storm drainage outfalls, and/or stream mitigation measures may only be placed in a conservation area with utilities if the Program Authority finds that no other location is reasonably available and the disturbance is necessary for such a proposed use.  In any event, the construction, maintenance and use of the improvements shall have the minimum environmental impact on the conservation area with utilities necessary for the improvements to be established and maintained, and the long-term impacts shall be 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.

 

            B.         Erosion and sediment control structures and measures shall be permitted within a conservation area with utilities solely to address impacts from authorized land disturbing activity within such area, unless otherwise requested by the Owner and approved by the Program Authority.

 

C.        The Program Authority may approve other disturbances and/or measures as may be appropriate in the Program Authority’s discretion to further protect a conservation area with utilities.

 

5.         Open space.  The Owner shall restrict from development all open space areas designated as greenway, buffer areas and park areas shown on the Application Plan.  This condition shall not apply to development parcels, conservation areas, and conservation areas with utilities shown on the Application Plan.

 

            A.        Open space areas not dedicated to public use 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.  Open space areas dedicated to public use shall be for the use and enjoyment of the public, including the residents of the Project.

 

            B.         No structural improvements other than utilities, pedestrian and biking trails, and common area amenities such as playgrounds, picnic areas, hardscapes, and PAR exercise equipment shall be established and maintained in the open space areas.

 

6.         Aggregate set aside for open-space related areas.  In no event shall the total area of open-space related areas comprised of the conservation areas (Condition 3), conservation areas   with utilities (Condition 4), open space (Condition 5), greenway (Conditions 5 and 7), and landscaped buffer areas (Conditions 5 and 8) shown on the Application Plan, be less than a total of thirty-five percent (35%) of the total land within the Project to be developed for residential uses, as shown on Sheet G to the Application Plan entitled “Open Space and Green Way Plan,” dated March 6, 2006 (“Sheet G”).

 

7.         Rivanna greenway/access.  The Owner shall reserve for dedication to public use a greenway along the boundary of the Project and adjacent to the Rivanna River, between the flood plain line and a preservation area (hereinafter, the “greenway”) as shown on Sheet G.

 

            A.        The Owner may grant such utility easements across the greenway as are required for a forced main utility and for the proposed uses shown on the Application Plan, each with the prior written consent of the County.  Erosion and sediment control structures and measures shall be permitted within a greenway solely to address impacts from authorized land disturbing activity within the greenway, except as otherwise requested by the Owner and approved by the Program Authority.

            B.         The Owner shall dedicate to public use the greenway and all pathways shown through land depicted on Sheet G as “Greenway”; provided, however, that the property owners within the Project shall have access to and over such pathways at all times the pathways are open to the public.  The greenway and pathways shall be dedicated either upon the request of the County, or in conjunction with the platting of the residential lots adjacent to the section of the greenway to be dedicated.  If the greenway and pathways are dedicated by platting, the greenway and pathways shall be set apart on the plat for public use with a notation that the greenway and pathways are dedicated for public use.  If the County accepts dedication of the lake referenced in section VI of the Proffer Statement for the Project (ZMA 2000-009), upon request by the County, the Owner shall dedicate to public use the access pathway east of the middle entrance and leading to Flat Branch as shown on Sheet G.

 

            C.        Access easements to the Rivanna River shall be provided as shown on the Application Plan for the benefit and use by property owners within the Project.

 

            D.        The Owner shall be responsible for the costs of drafting the deeds of dedication, having required surveys conducted and plats prepared, and recordation costs.

 

8.         Landscaped buffer between residential areas and rural areas.  Before the County issues a certificate of occupancy for the first dwelling unit constructed on any of the lots shown on the Application Plan abutting the areas shown on the Application Plan as “Open Space Buffer (30’)” along Pritchett Lane (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 be planted in accordance with a landscaping plan approved by the County.  The landscaping plan shall include the following: (i) an informal mix of screening trees, loosely staggered, fifteen (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 rural 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 naturalistic rural landscape.  The features described in (i) through (v) herein define a “naturalistic rural landscape.”  Approved plant species shall be obtained from the Albemarle County Recommended Plants List and the buffer design shall be subject to the review and approval of the Director of the Department of Community Development.  The Owner shall maintain the buffer.

 

9.         Extensions.Unless the dedication of public right-of-way and the construction of such    streets or accessways, as applicable are required in conjunction with the approval of a subdivision plat under Albemarle County Code § 14-409 and related sections, or their successors, the following streets shall be constructed and rights-of-way shall be reserved for dedication to public use as provided herein:

            

           A.          Extensions to Pritchett Lane.  The Owner shall design and construct as emergency accessways extensions to Pritchett Lane within the fifty (50) foot wide rights-of-way located between Lots H-9 and H-10 and Lots L-16 and L-17, respectively, as shown on the Application Plan, subject to the following: 

 

 

                        1.         The emergency accessways shall be designed and graded to  accommodate a minimum Virginia Department of Transportation standard for a public street as determined by the County Engineer, and constructed using pervious parking pavers or other materials sufficient to support fire and other emergency vehicles, but that support grass or other ground cover, in conjunction with the construction of the streets serving Lots H-7 and L-14, respectively.

 

                        2.         The fifty (50) foot wide rights-of-way shall be dedicated to public use upon request by the County, together with all necessary right-of-way for the fifty (50) foot wide rights-of-way to be geometrically connected to adjoining streets as approved by the County Engineerr.

 

                        3.         If requested by the County within ten (10) years after the first certificate of occupancy is issued for a dwelling unit within the H or L sections shown on the Application Plan, and after the property on the east side of Pritchett Lane opposite the respective emergency accessways has been upzoned, the      Owner shall convert and upgrade the emergency accessways to the applicable Virginia Department of Transportation public street standards for acceptance into the state highway system.  Subject to weather delays or force majeure, the construction of the upgrades shall be completed for such acceptance within one hundred eighty (180) days after the request by the County.

           

            B.         Extension to Tax Map 32, Parcel 23HI.  In the event that any of the residential units within the Project adjacent to Tax Map 32, Parcel 23HI are developed under a site plan, the Owner shall design and construct extensions to Tax Map 32, Parcel 23HI by way of two streets within the fifty (50) foot wide rights-of-way located as shown on the Application Plan and identified by the notation “R.O.W. Reserved for Future Dedication,” adjacent to the church property identified as Tax Map 32, Parcel 23HI that fronts on Pritchett Lane.  The exact location of the rights-of-way shall be fixed by the applicable final site plan. 

 

                        1.         The streets shall be designed and constructed to applicable Virginia Department of Transportation public street standards.  The streets shall be constructed in conjunction with the applicable final site plan, or at such other time authorized by the County Engineer under such terms and conditions the County Engineer determines to be appropriate, including the requirement that the Owner provide adequate surety or other guarantee that the streets will be constructed and maintained until accepted into the state highway system.

                       

 

                        2.         The streets shall be constructed as close to the property line between the Project and Tax Map 32, Parcel 23HI as determined by the County Engineer to be feasible without obtaining offsite construction easements.  The rights-of-way shall be graded as close as possible to the Project property line. 

 

 

                        3.         To allow the completion of street improvements to and beyond the Project property line, temporary construction easements on the Owner’s property and outside of the rights-of-way to be dedicated       shall be reserved on the applicable final site plan.  The site plan also shall include a note stating that no improvements shall be established within the reserved area.  Within ninety (90) days after request by the County, the easements shall be granted.  No improvements shall be located within the temporary construction easements until the construction of the street improvements onto Tax Map 32, Parcel 23HI has been completed so that the need for the temporary construction easements no longer exists. 

                    

 

                        4.         Within ninety (90) days after request by the County after Tax Map 32, Parcel 23HI has been upzoned, the Owner shall dedicate to public use the streets and rights-of-way and offer the street for acceptance into the state highway system. 

                       

10.       Overlot grading plan.  For all subdivisions with lots less than 15,000 square feet in size and not otherwise requiring a site plan, a lot grading plan (“Overlot Grading Plan”) must be approved by the County Engineer prior to the issuance of a building permit for a new residence on any such lot(s).  The Overlot Grading Plan must satisfactorily demonstrate compliance with all Erosion and Sediment Control requirements for drainage conveyed across such lot(s).  An “Agreement in Lieu of a Plan” will be allowed for building permits, provided the general drainage patterns and grading matches that shown on the Overlot Grading Plan.  The Overlot Grading Plan may be revised at any time by the subdivision developer or individual lot owners, provided all work can be accomplished within their property lines or within available easements.  All amendments shall be subject to the review and approval by the County Engineer.

 

A.                 The Overlot Grading Plan shall be drawn to scale not greater than one (1) inch equals fifty (50) feet, with all proposed grading shown at contour intervals not greater than two (2) feet interpolated and shall demonstrate to the satisfaction of the County Engineer that:

 

1.                  All concentrated runoff is conveyed across lots using vegetated swales or underground drainage structures in a manner that does not result in flooding of buildings or erosion as a result of the grading.  For the purposes of this requirement, flows from roof downspouts will be considered concentrated flows if not adequately dispersed before reaching the property line.

2.         Overland relief is assured in the event that drainage structures do not function.  Overland relief will be considered satisfied if buildings are designed to have finished floors at least one (1) foot above low points for any drainage area which includes the house.  With dams and similar impoundments, this should be measured from the top of the dam.

 

B.                 The County Engineer may allow other drainage structures (e.g., riprap ditches) where it has been determined this change will not significantly impact usable yards (e.g., cobblestone swale next to a driveway), where slopes are too steep for vegetated swales (e.g., steeper than 33% grades), or where the change would better mitigate impacts on adjoining properties (e.g., matches offsite drainage structure).

 

C.  Public drainage across lots shall be in storm sewers except open drainage ways may be allowed if the plat restricts construction of a building within fifty (50) feet of a proposed open drainageway.  If a storm sewer is used across lots, easement widths must be sufficient to allow excavation with 1:1 side slopes on the trench,  sufficient room on one side of the trench to stockpile excavated materials, sufficient room on the opposite side of the trench to allow for movement of materials, and adequate room for a backhoe boom to swing.  Fences, walls,  driveways, and other uses are not allowed within the easements, except where a  “hold harmless” clause is included in the easement agreement.

 

D.     No surface drainage may flow across more than three (3) lots or one-half (1/2) acre before being collected in a storm sewer or directed to a drainage way outside of the lots.

 

E.            Retaining walls higher than four (4) feet (measured from the top of the face to the ground on the downhill side) shall be designed by a professional engineer to assure long-term stability.  Retaining walls building using a VDOT standard or a pre-engineered product that includes certification are not required to provide a separate professional engineer’s certification provided the building contractor provides an affidavit that the wall was constructed consistent with the standard.  Retaining walls higher than four (4) feet in useable yards or places where the public might walk must include a railing similar in design to what is required for elevated decks.  In circumstances where it is questionable whether a railing is required, the County Engineer will make the determination.  The builder must provide evidence of the ability to maintain any retaining wall which could not be maintained without the use of adjoining property. 

 

F.         Except for the main entrance to the dwelling, which shall be governed by Condition 10(G), the Plan shall demonstrate that an area at least five (5) feet in width, or to the lot line if the distance is less than five (5) feet, from any possible doorways to dwellings as shown on the Plan or from the edges of any grade level patios as shown on the Plan that will not be served by a stairway, has grades no steeper than ten percent (10%) perpendicular to the exterior wall. 

 

G.           In lieu of the foregoing provisions, the grading plan for the residential units located in the southeastern portion of the Project as shown on the Application Plan shall be included as part of the site development plan application for the   appurtenant commercial area as shown on the Application Plan.

 

H.        Any requirement of this condition may be waived by the County Engineer by submitting a waiver request with the preliminary plat.  If such a request is made, it shall include: (i) a justification for the request contained in a certified engineer’s report; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable.  In reviewing a waiver request, the County Engineer shall consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree.  In approving a waiver, the County Engineer shall find that requiring compliance with the requirement of this condition would not forward the purposes of the County’s Subdivision and Water Protection Ordinances or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the    orderly development of the Project, and to the land adjacent thereto.

 

I.          The Owner may request that the Plan be amended at any time.  All amendments shall be subject to the review and approval by the County Engineer. 

 

11.              Sanitary sewers.  All residential uses shall be served by gravity sanitary sewers; however, basements may be served by grinder pumps.        

 

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